Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 78 CC NI ACT / 2322/2024 Rakesh Behl Vs. Harvinder Khanna /0 (Subhash Place)
Proceedings are being conducted through Webex online application.
06.10.2025
Present : Sh. Sanjay, Ld. Counsel along-with complainant.
Sh. Arjun Singh, Ld counsel along-with accused and surety in person.
It is submitted by accused that he is presently residing at E199, Rishi Nagar, Rani
Bagh, Delhi.
Bail bonds furnished. Same are accepted. [Ahalmad is directed to upload the
same properly on all the digital platforms of this Court]. Alongwith surety bonds, copy of RC
has been filed. Ahalmad is directed to sent intimation to the concerned department that the
vehicle be not permitted to be transferred in any manner without prior permission of this court.
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.
Ahalmad is directed to upload both -notice as well as statement recorded u/s 294
CrPC- on 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 15.12.2025.
Ms. Surbhi Sharma,
Ld. JMFC (NI Act) Digital Court-02,
North-West, Rohini courts,
New Delhi/06.10.2025
-- 1 of 1 --