Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 25 CC NI ACT / 2008/2024
SANJEEV KUMAR Vs. RAJEEV JAIN
PS (Anand Vihar Railway Station)
06.03.2026
Present: Complainant with Ld. counsels Sh. Yashpal Sharma and
Sh. Ujjwal Monga.
Accused with Ld. counsel Sh. Suryans Agrrwal.
Accused is admitted to bail subject to furnishing of
Personal Bond and Surety Bond in the sum of Rs.15,000/- each. Bail
Bond is furnished. Same is accepted by court.
Heard on the point of notice. Prima facie case is made
and accordingly notice framed against accused u/s 138 NI Act, to
which accused pleads not guilty and claims trial.
At this stage, admission/denial of documents u/s 330
BNSS done. Accused states that he will not dispute the genuineness
and correctness of cheque in question and returning memo. Hence,
two witnesses i.e. witness at serial no.4 and 5 cited in list of witnesses
by complainant stands dropped from said list.
An application u/s 145(2) NI Act is moved on behalf of
accused. Copy of the same be supplied to other side. Ld. counsel for
complainant submits that he has no objection if the application is
allowed.
In light of the judgment passed by the
Hon’ble Supreme
Court in Mandvi Cooperative Vs. Nimesh B Thakore (2010) 3 SCC
83, submissions of both the sides and defence raised by the accused,
application u/s 145(2) NI Act stands allowed. Accused is allowed to
cross-examine the complainant in terms of defence raised.
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Considering the nature of proceeding and defence raised
by accused this Court is of the view that it is imperative that the
present case be tried as a summons triable case as it may be possible
that punishment of more than one year imprisonment may have to be
granted in case of conviction.
Complainant is directed to remain present physically on
NDOH.
Put up for CE on 04.08.2026.
(Udbhav Kumar Jain)
JMFC-04/SHD/KKD Courts/Delhi
06.03.2026
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