...., the learned Trial Court adjourned the matter for filing an application under Section 145(2) of the Negotiable Instruments Act, 1881 ('NI Act') and the complainant's evidence... the respondent and on the said date, notice was framed. The respondent did not seek any permission to file application under Section 145 (2) NI Act, ...and the 2 fact that the respondent did not file any application under Section 145 (2) NI Act, the order dated 01.09.2015...

...recalled for cross-examination only after application under Section 145(2) NI Act was filed by the respondent disclosing the defence and to see whether cross-examination was required.3. Vide...has demanded that the complainant be recalled for cross-examination only after an application u/s 145(2) NI Act is moved disclosing the defence of the accused and the...not lay directions that in all cases where witnesses were under cross-examination, the evidence so recorded be scrapped and de novo trial started after filing an application under Section 145(2) NI Act....

...), Delhi vide order dated 16.11.2010 took cognizance of the offence punishable under section 138 of the ni act and issued summons to the accused persons/petitioners vide order dated 09.02.2011 Thereafter, vide order dated 17.03.2012...learned MM has even declined the written request made by the accused at the first available opportunity, under Section 145(2) NI Act read with Section 311 Cr.P.C for cross...to be done by the respondent No. 2.complainant, they did not appear and thereafter, the NBW was issued. The on 11.10.2012 an application under Section 145(2) NI Act was filed along with an application...

...given by the petitioner to the respondent and the cheque has been dishonored on account of insufficient fund there is no question for allowing the application under Section 145(2)NI. Act. The petitioner...compromise with the petitioner. The petitioner has preferred a Cr.M.P. No. 1419/2016 for allowing the application Section 91 of the Cr.P.C. and 145(2) of NI Act in the matter of Sandeep Gupta Vs...application under Section 145(2)NI Act for calling the complainant witness for prove his only defense which is legally enforceable and having under the possession of the respondent. The petitioner wants to...

...moving of an application under Section 145(2) NI Act. In view of the Negotiable Instruments (Amendment) Ordinance, 2015, the complaint case was transferred to the learned Metropolitan Magistrate (NI...Act), Central, Tis Hazari Courts, Delhi, CRL.M.C. 1200/2020 Page 3 of 8 vide order dated 22.01.2016 passed by the learned CMM, Central, Delhi. On 18.05.2016, learned counsel for the complainant gave no objection to the petitioners applicatio...under Section 145(2) NI Act. In view of the no objection given by the learned counsel for the complainant on 18.05.2016, opportunity was granted to the petitioner to examine the complainant witness and...

...application under Section 145(2) N.I. Act was filed however, the same was declined on the CRL.M.C. 3665/2018 Page 3 of 6 ground that the right to move an application under Section 145(...Instruments Act. The writ petition is, accordingly, disposed of, as above. 11. Looking into the mandate of Section 145(2) NI Act as encapsulated in Mandvi Cooperative Bank...Section 145(2) N.I. Act was framed against him and an opportunity to file application under Section 145(2) N.I. Act was granted. It was direct...

...that "the defence taken by the respondent No. 3 at the time of framing of notice under Section 251 Cr.P.C. or the defence taken by her in her application under Section 145 (2) NI Act or...touchstone on cross-examination by other party. This is actually the evidence. Therefore, the plea taken in application under Section 145(2) NI Act or defence taken at the........ Respondents Through: Mr.Hirein Sharma, APP for State None for R-2 CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT...

...dated 09.03.2011; learned trial court took cognizance for the offence under section 138 of ni act and summoned the petitioner. Notice under Section 251 of Cr.P.C was served on the petitioner on 29.05.2014 ...‘Dashrath Rupsingh Rathod v. State of Maharashtra’, (2014) 9 SCC 129. The trial court observed that the matter is listed for moving application under section 145(2) of ...has not reached the stage of section 145(2) of ni act and the same is liable to be returned.6. Per contra, learned counsel for respondent No. 2 urged that notice under...

...offence under Section 138 Negotiable Instruments Act, 2 1881 (NI Act) having been committed qua different cheques. The cases...), NI Act of the petitioners being allowed by order.... 2. The cases, thus, were before the Metropolitan Magistrate on 29.10.2018, for defence evidence. It is on that date, the Metropolitan Magistrate declined to adjourn and closed the...

..., whereby an application, filed on behalf of accused/petitioner under Section 145(2) of Negotiable Instrument Act (‘NI Act’ in short), has been dismissed. 2. I have he...prosecution under Section 145(2) of NI Act for summoning and examining any person giving the evidence on affidavit, the Court has no discretion to refuse to summon and examine such person as to the facts...filed under Section 145(2) of NI Act. 7. Besides above, it is also noticed that on 27.08.2018 on request of accused, without resorting to record substance of accusation or...

...itself, petitioners plead not guilty and disclosed their defence that they had already paid the cheque amount. Thereafter, on 17.04.2015 they moved an application under Section 145(2) NI Act which was.... Therefore, it will certainly prejudice the rights of the petitioners.12. I am conscious about the fact that the application under Section 145(2) NI Act was moved by the petitioners...Suresh Kait, J. (Oral):— Vide the present petition, petitioners seek directions thereby setting aside the orders dated 24.06.2015 and 08.07.2015 passed by ld. MM (NI Act)-2, South East...

...that they had already paid the cheque amount. Thereafter, on 17.04.2015 they moved an application under Section 145 (2) NI Act which was listed on 24.04.2015. However.... (Oral) 1. Vide the present petition, petitioners seek directions thereby setting aside the orders dated 24.06.2015 and 08.07.2015 passed by ld. MM (NI Act)-2, South..., unless an application is made by an accused under section 145(2) of N.I. Act for recalling a witness for cross examination on plea of defence. Step III: If there is an...

...05.04.2014 passed by learned Metropolitan Magistrate (North East), Karkardooma, Delhi whereby the opportunity to file an application under Section 145(2) of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘...under Section 145 of NI Act.3. On 09.01.2014 the case was adjourned to 5.4.2014 on the request of the petitioner for filing an application under section 145(2) of ni act sub...Instrument Act and sought time for filing the said application. Vide impugned order dated 05.04.2014 learned Trial Court closed the opportunity to file application under Section 145(2) of Negotiable Instruments ...

...sought time from the court concerned to file an application under Section 145(2) of NI Act and the same was allowed, subject to the cost of Rs.10,000/- and was fixed for 20.01.2017. On 20.01.2017, the...petitioner failed to file an application under Section 145(2) of NI Act and his right to cross-examine the respondent was closed. The matter was further listed on 25.03.2017 for S.A/D.E. On...cross examine the respondent/complainant has already been closed by the Trial Court after granting reasonable opportunity to the petitioner to file the application under Section 145(2) of NI Act. Hence...

...passed by Additional Chief Judicial Magistrate-I, Amb, District Una, whereby an application, filed on behalf of accused/petitioner underSection 145(2) of Negotiable Instrument Act ('NI Act' in...Section 145(2) of NI Act was allowed, it . could not have been rejected by subsequent order pa P ssed by the same Court...discuss the same at this stage that too in an application file o d under Section 145(2) of NI Act. 7. B es C ides above, it is also noticed that on the...

...145(2) NI Act was filed by the accused which was allowed vide order dated 21.07.2016 and opportunity was granted to the accused to cross examine the complainant witness. Complainant witness was examined...Instruments Act, 1881 (hereinafter referred to as ‘N.I. Act’ in short).Brief facts:2. The case of the complainant is that as per the...04.12.2014 with remarks ‘Funds Insufficient’. Thereafter, complainant sent a legal notice dated 16.12.2014 u/s 138 NI Act, calling upon the accused to make the payment within 15 days of the receipt of...

...above. (emphasis added) 9. Looking into the mandate of Section 145(2) NI Act as encapsulated in Mandvi Cooperative Bank Limited (supra) and Indian Bank Association (supra) and the...the Special Judge, SW Dwarka, New Delhi in CT Cases 13878/2017 wherein the application filed by the petitioner under Section 145(2) of N.I. Act was dismissed on the ground.... 3. Learned counsel for the petitioner submitted that on 31.05.2018, when notice under Section 145(2) N.I. Act was framed against the petitioner, an...

.... 12. Looking into the mandate of Section 145(2) NI Act as encapsulated in Mandvi Cooperative Bank Limited (supra) and Indian 6.... was framed against the petitioner on 29.08.2019. On the said date, the petitioner was given an opportunity to file application under Section 145(2) N.I. Act and the case was listed for consideration of.... Section 145(2) Negotiable Instruments Act, 1881 mandates that once an application by the accused is filed, the court is obliged to summon the person who has given evidence on affidavit in terms of...

...complainant filed a complaint under Section 138 NI Act in the Court of ACMM, Saket District Court, thereafter the petitioner moved an application under Section 145 (2) NI Act to record the evidenc...) 3. The present petition has been filed under Section 482 Cr.P.C. by the petitioner for setting aside the order dated 03.03.2022 passed by the learned MM-01 (NI Act), West District, Tis Hazari...exceptions. 2. The application stands disposed of. CRL.M.C. 3925/2023 & CRL.M.A. 14789/2023 (stay...

.... 12. Looking into the mandate of Section 145(2) NI Act as encapsulated in Mandvi Cooperative Bank Limited (supra) and Indian 6.... was framed against the petitioner on 29.08.2019. On the said date, the petitioner was given an opportunity to file application under Section 145(2) N.I. Act and the case was listed for consideration of.... Section 145(2) Negotiable Instruments Act, 1881 mandates that once an application by the accused is filed, the court is obliged to summon the person who has given evidence on affidavit in terms of...