Full Order Text
Order 12 · 05 Jun 2026 · CNR DLNW020080312023
Order Details: COPY OF ORDER Pdf Text: 29 CC NI ACT 1232/2023 HIMANSHU DABAS Vs. AMRITA SETHI (Begum Pur) 05.06.2026 Present: Complainant with Ld. counsel. Accused with Ld. counsel. Fresh Vakalatnama filed. Accused is admitted to bail on furnishing personal bond in the sum of Rs. 30,000/ with one surety of like amount. Bail bonds has been furnished by the accused. Same are accepted till the next date of hearing. Submissions heard on the point of notice. It has been argued on behalf of complainant there is sufficient material on record to indicate commission of offence u/s. 138 NI Act by the accused. On the other hand, it is argued by counsel for accused that cheques in question have not been issued towards the discharge of any legal liability. Heard. Perused. At this stage, prima facie there is sufficient material on record to proceed against the accused for the commission of offence under Section 138 N.I Act. Notice u/s 285 BNSS read with Section 274 BNSS (old 262 read with Section 251 Cr.PC) framed against the accused wherein the accused pleaded not guilty and claim trial. The defence of the accused has also been duly recorded. Statement of accused u/s. 330 BNSS (old 294 Cr.PC) recorded separately wherein he has admitted the cheques in question and return memos. -- 1 of 2 -- In view of the same, witness mentioned at serial no. 2, 3 and 4 are dropped from the list of witnesses. There is no application u/s. 145(2) NI Act to cross ex amine the complainant. However, a plausible defence has been raised disclosed in the notice as framed today. Ld. Counsel for complainant fairly submits that he has no objection if accused be permitted to cross examine the com plainant. In view of the defence raised and in view of no objec tion of counsel for complainant, accused is permitted to cross examine the complainant on next date of hearing. In view of the defence raised by the accused during framing of notice, this Court believes that there is possibility that trial will take time and accused might be punished for sentence more than one year. Therefore, this Court decides that the present case be tried as summons case. Put up the matter for crossexamination of com plainant on 30.10.2026. (SANYAM JAIN) JMFC04/NorthWest/ Delhi 05.06.2026 -- 2 of 2 --