Interim Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 40 CC NI ACT 3049/2023 PAWAN KUMAR Vs. SH PANKAJ
YADAV (Kanjhawala)
23.09.2026
This court is dealing with pendency of more than 10,000 matters
due to which shorter dates are not possible.
Reader Sh. Sanjay is on leave since 07.09.2026 and Asst. Ahlmad
Sh. Gaurav is also on leave.
Present: Proxy counsel Sh. Nishant for complainant.
Counsel for accused.
Matter is listed for arguments pending since
22.04.2025.
An exemption application is moved on behalf of
accused. Same is considered and allowed for today only.
Arguments heard.
Counsel for complainant raised no objection if the
said application is allowed.
It is pertinent to note that in
Mandvi Cooperative Bank Ltd.
v. Nimesh B. Thakore, (2010) 3 SCC 83, it was held by Hon’ble Supreme
Court:
… two words i.e. ‘may’ and ‘shall’ in Section 145(2) NI Act have been
used by the Legislature with reference to the ‘Court’ and with reference to
the ‘prosecution or accused’ respectively and therefore, it is beyond doubt
that in the event of an application made by the prosecution or accused, the
Court would be obliged to summon the person giving evidence on affidavit
in terms of Section 145(1) of NI Act without having any discretion in the
matter and therefore, if an application is made under Section 145(2) of NI
Act either by prosecution or by the accused, the Court must call the person,
who has given evidence on affidavit, for examining him again as to the
facts contained therein.
Further, on similar lines, it has been recently held by the
Hon'ble High Court of Delhi in
Century Aluminium Manufacturing Company
Ltd. v. Hero Fincorp (Crl. M.C. 3402/21) dated 21.12.21, that it is mandatory
to summon the complainant giving affidavit in terms of section 145 (1) NI
Act for cross-examination, if an application is filed by the accused, and there
is no discretion vested with the court in this regard.
Accordingly, in light of the aforesaid dictum, the application u/s145 (2) NI
Act stands allowed and the complainant is recalled for cross-examination.
Relist for cross-examination of the complainant on 30.03.2027.
(Reetika Jain)
JMFC-05, North-West
Rohini/Delhi/23.09.2026
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