Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 78 CC NI ACT 4673/2023 VINOD KUMAR Vs. SUDHIR KUMAR /0 ()
Proceedings conducted online through video conferencing using CISCO WEBEX software.
12.08.2025
Present: Ms. Kritika Mohan, Ld. counsel alongwith complainant.
Sh. Mandeep Kumar, Ld. counsel alongwith accused.
It is submitted by both the parties that the present matter could not be settled in the
mediation. Therefore, let the matter be proceeded on merits.
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 require-
ment of examining formal witnesses mentioned at serial no. 2 & 3 of the list of witnesses filed by com-
plainant. Accordingly, the afore-said two witnesses stand dropped.
Reader-cum-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, ld counsel for
complainant submits 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 02.02.2026.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/12.08.2025
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