Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 CC NI ACT / 1671/2024 Shiv Guru Travel Vs. Bhageshwar Mandal /0 (Subhash Place)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
(The court is physically operational from Rouse Avenue Court complex.
Work station of the court is functioning from Rohini Court Complex.)
01.11.2025
Present: Sh. Rahul, Ld. counsel for complainant.
Sh. Anil Kumar Mishra, Ld. counsel along-with accused.
Bail bonds not furnished by accused till date.
Notice u/s 251 CrPC has been duly served upon accused for commission of an offence
u/s 138 NI Act to which he has pleaded “Not guilty” and claimed trial.
Statement of Accused pertaining to admission and denial of documents u/s 294 CrPC
recorded separately whereby he has admitted the genuineness of cheque, cheque return memo and legal
Notice (without admitting the contents thereof). In view of the admissions thereof, there is no
requirement of examining formal witnesses mentioned at serial no. 2 & 3 of the list of witnesses filed
by complainant. Accordingly, the afore-said two witnesses stand dropped.
As accused is appearing virtually, both -notice as well as statement recorded u/s 294
CrPC- have been sent to him through official email id of the court and he is directed to send back duly
signed scanned copy of the same to the court through email during the course of the day i.e., until 3:00
pm. Failure to comply shall be viewed strictly.
Ahalmad is directed to upload both -notice as well as statement recorded u/s 294
CrPC- on all the digital platforms of the Court.
Ld. Counsel for accused has made an oral application u/s 145(2) NI Act seeking
permission to cross-examine the complainant witnesses. It was held by Hon’ble Supreme Court of
India in the case of Mandvi Co-operative Bank Ltd. v. Nimesh B Thakur (2010) 3 SCC 83 that in
event of an application made under Section-145(2) the court is obligated to summon the person whose
evidence is given on an affidavit for purpose of cross-examination. Furthermore, it is submitted by ld.
Counsel for complainant that he has no objection if the said application stands allowed. Therefore,
considering the mandate of law as well as the defence of accused as disclosed, the application stands
allowed.
Put up for complainant evidence/further proceedings on 28.03.2026.
(Surbhi Sharma)
(JMFC(NI Act) Digital court01)
NorthWest, Rohini
New Delhi/01.11.2025
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