Delhi District Court
India In Mandavi Cooperative Bank Ltd. vs . Nimesh B. Thakore Decided On on 23 February, 2011
C.C.No.2842/10 23.02.2011
Present: Complainant with Counsel.
Accused with Counsel.
These are two connected matters.
Ld. Counsel for the accused submits that accused has not received Summons in CC No.2841/10.
Bail Bond and Surety Bond furnished and accepted in CC No.2842/10.
Accused to take Notice and disclose Defence.
Be put up after lunch.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 After lunch Present: Complainant with Counsel.
Accused with Counsel.
Summons accepted in the another connected matter.
Personal Bond in CC No.2841/10 furnished and accepted.
Accusation explained over to the accused.
His Plea and Examination recorded separately. Accused may file his written Statement (by virtue of Section-313(5) Cr.P.C.) and he may also file an application for Cross-examination of the Complainant.
To be listed on 08.04.2011 for Defence Evidence and/or Cross- examination of the Complainant.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.2841/10 23.02.2011 Present: Complainant with Counsel.
Accused with Counsel.
These are two connected matters.
Ld. Counsel for the accused submits that accused has not received Summons in CC No.2841/10.
Bail Bond and Surety Bond furnished and accepted in CC No.2842/10.
Accused to take Notice and disclose Defence.
Be put up after lunch.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 After lunch Present: Complainant with Counsel.
Accused with Counsel.
Summons accepted in the another connected matter.
Personal Bond in CC No.2841/10 furnished and accepted.
Accusation explained over to the accused.
His Plea and Examination recorded separately. Accused may file his written Statement (by virtue of Section-313(5) Cr.P.C.) and he may also file an application for Cross-examination of the Complainant.
To be listed on 08.04.2011 for Defence Evidence and/or Cross- examination of the Complainant.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.4073/10 23.02.2011 Present: Complainant with Counsel.
NBW still not received back. Be awaited.
Notice issued to the SHO not received back. Be awaited.
Ld. Counsel for the Complainant submits that accused Ashutosh Kumar is operating from the same address. He has shown me a paper cutting of advertisement of Time of India dated 20.02.2011.
Let concerned SHO be called today.
A Notice be issued.
Put up after lunch.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.1896/10 23.02.2011 Present: Advocate Sh. Subhash Chand on behalf of the Complainant.
Accused with Counsel.
An application for substitution of Complainant has been filed.
Ms. Sadhna Aggarwal, Wife of the deceased Complainant may be allowed to conduct the prosecution U/s 302 Cr.P.C.
Ms. Sadhna Aggarwal is not present today.
Matter pertains to the year 2002. However, Notice has not been framed against the accused person.
Accusation explained over to the accused.
His Plea and Examination recorded separately.
No Defence disclosed.
Section-143 and 145 NI Act are Procedural in nature and, therefore, may apply with retrospective effect (see the judgment of Hon'ble Supreme Court of India in Mandavi Cooperative Bank Ltd. Vs. Nimesh B. Thakore decided on 11.01.2010).
Pre-summoning Affidavit may be read in Evidence in trial.
Since, no Defence disclosed by the accused person, judgment has to be pronounced (see the judgment of Hon'ble High Court of India in Gurpreet Singh Vs. Ranbaxy Laboratories Ltd. decided on 02.08.2010).
However, accused submits that he wants to pay the cheque amount.
Considering the scope of Section-147 NI Act, opportunity may be granted.
Let the matter be listed on 09.03.2011 for compounding and pronouncement of judgment.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 2 C.C.No.4705/10 23.02.2011 Present: Counsel for the Complainant.
NBW was directed to be issued. However, there is no report in respect of filing of Process Fees or issuance of Process.
Ahlmad to check and report.
However, in the meantime, NBW be issued afresh as directed by earlier orders.
To be listed on 18.04.2011.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.5101/10 23.02.2011 Present: Proxy Counsel for the Complainant.
NBW was directed to be issued. However, there is no report in respect of filing of Process Fees or issuance of Process.
Ahlmad to check and report.
However, in the meantime, NBW be issued afresh as directed by earlier orders.
To be listed on 23.04.2011.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.4255/10 23.02.2011 Present: Complainant with Counsel.
Accused with Mr. Vipin Kumar, Legal Aid Counsel.
Accusation explained over to the accused.
His Plea and Examination recorded separately.
To be listed for Defence Evidence and/or Cross-examination of the Complainant, if applied for.
To be listed on 29.03.2011.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.2042/10 23.02.2011 Present: Complainant in person.
The matter is settled.
Separate Statement of Complainant recorded in this respect.
The matter stands compounded U/s 147 NI Act.
Accused is acquitted of the charges.
Bail Bond and Surety Bond, if any, be discharged.
File be consigned to Record Room.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.82/10 23.02.2011 Present: Complainant in person.
Counsel for the Accused.
These are two connected matters.
Post dated cheque of Rs.32,000/- given to the Complainant for remaining payment has been dishonoured.
Ld. Counsel for the accused submits that one opportunity may be given.
Complainant does not have any objection.
At request of both the parties, list on 07.03.2011 for final disposal.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.140/10 23.02.2011 Present: Complainant in person.
Counsel for the Accused.
These are two connected matters.
Post dated cheque of Rs.32,000/- given to the Complainant for remaining payment has been dishonoured.
Ld. Counsel for the accused submits that one opportunity may be given.
Complainant does not have any objection.
At request of both the parties, list on 07.03.2011 for final disposal.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.4683/10 23.02.2011 Present: AR of the Complainant with Counsel.
There is no report in respect of filing of Process Fees or issuance of Process.
Ahlmad to check and report.
However, in the meantime, Process be issued afresh as directed by earlier orders. Dasti.
To be listed on 18.04.2011.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.439/10 23.02.2011 Present: Complainant with Counsel.
Counsel for the accused.
Accused is exempted as applied.
It is submitted that a Demand Draft of Rs.3 lakhs has been handed over to the Complainant.
Ld. Counsel for the accused seeks sometime to make the remaining payment.
To be listed on 03.03.2011.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.1379/10 23.02.2011 Present: Complainant with Counsel.
Accused with Counsel.
Both the matter has been settled in the Mediation Cell.
Joint Statement recorded in this respect.
As per statement, equal installments will be made on every 20th day of each month till 2018.
In default of making the payment, accused shall pay the double amount of the total outstanding payment.
The matter stands adjourned sine die with the liberty to revive the case as per settlement.
File be consigned to Record Room.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.1383/10 23.02.2011 Present: Complainant with Counsel.
Accused with Counsel.
Both the matter has been settled in the Mediation Cell.
Joint Statement recorded in this respect.
As per statement, equal installments will be made on every 20th day of each month till 2018.
In default of making the payment, accused shall pay the double amount of the total outstanding payment.
The matter stands adjourned sine die with the liberty to revive the case as per settlement.
File be consigned to Record Room.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.2356/10 23.02.2011 Present: Both the parties with counsels.
Extensive arguments heard on behalf of the accused.
Ld. Counsel seeks some more time.
At request, list on 25.02.2011 after lunch.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.224/10 23.02.2011 Present: Complainant with Counsel.
Accused in person.
On the last date accused was willing to pay the amount. However, he failed to do so.
Matter was at the stage of pronouncement of judgment.
It appears that accused is unnecessarily delaying the matter on the pretext of the settlement.
Vide separate judgment, accused is convicted.
Parties to be heard on the point of sentence.
To be listed on 28.02.2011.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11 C.C.No.139/10 23.02.2011 Present: Complainant in person.
Counsel for the Accused.
These are two connected matters.
Post dated cheque of Rs.32,000/- given to the Complainant for remaining payment has been dishonoured.
Ld. Counsel for the accused submits that one opportunity may be given.
Complainant does not have any objection.
At request of both the parties, list on 07.03.2011 for final disposal.
(RAKESH KUMAR SINGH) MM-(Central)-01/Delhi/23.02.11