Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: 5
CC NI ACT 3336/2023
SHIVESH UDYOG PVT. LTD. Vs. SH PARDEEP KUMAR
21.04.2026
Present: Ld. proxy counsel for the complainant.
Accused with Ld. counsel Sh. Aman Batra. Fresh
Vakalatnama filed.
Copy of complaint supplied to the accused today in the
Court.
Accused is admitted to bail on furnishing personal
bond in the sum of Rs. 1,70,000/ with one surety of like amount.
Personal bonds has been furnished by the accused.
Same are accepted till the next date of hearing.
Last and final opportunity is given to the accused to
furnish bail bonds with surety, failing which adverse order will be
passed.
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
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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,
return memos, facts of sending the legal notice and postal receipts.
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 13.10.2026.
(SANYAM JAIN)
JMFC04/NorthWest/ Delhi
21.04.2026
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