Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 61CC NI ACT955/2023
KEWAL KUMAR OBEROI Vs. MUKULRAGHAV
22.05.2024
Proceedings conducted online through VC using Cisco Webex as
well as through Hybrid Mode.
Vide 	order 	No.09/DHC/Gaz/G-7/VI.E2(a)/2024 	dated
19.03.2024 	passed 	by 	Hon’ble 	High 	Court 	of 	Delhi, 	the
undersigned has been assigned the work of Digital Court No.-
03, Central District, Delhi.
Present: 	Mr. Aman , Ld. counsel for the complainant.
Mr. Uday Bhan, Ld. Proxy Counsel for the accused
alongwith accused.
Matter is listed for report of mediation/framing of
notice.
Ld. Counsel for the complainant submits that matter
could not be settled in mediation.
Ld. Counsel for the accused seeks some more time
to furnish the bail bond.
Heard. Considered.
Accused is directed to furnish the bail bond on or
before the NDOH.
Copy of the paper book already supplied to the
accused, duly acknowledged by the accused.
Particulars 	of 	the 	offence 	and 	substance 	of
accusation 	u/s. 251 Cr.PC have been stated to the accused who
has pleaded not guilty and in view of the judgment of the
Hon’ble High Court of Delhi in Rajesh Aggarwal and another Vs.
(Meena Chauhan)
MM (NI Act), Digital Court-03,
Central, THC,Delhi/22.05.2024
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State, 171 (2010) DLT 51, the plea of defence of the accused has
been recorded separately.
At this stage, admission/denial of documents under
Section 294 Cr. P.C. has been conducted. Separate Statement of
accused recorded today. Consequent to admission and denial, the
concerned manager/bank officials of 	both the complainant and
accused’s bank as well as official of postal department stand
dropped.
Ld. 	Counsel 	for 	the 	accused 	has 	made 	an 	oral
request that he be allowed to cross examine the complainant in
view of section 145 (2) of N.I. Act. This request is not opposed
by Ld. Counsel for the complainant.
Considering 	the 	defence 	taken 	by 	the 	accused
pursuant to framing of notice u/s 251 Cr.P.C and no objection of
Ld. Counsel for the complainant, a plausible defence has been
taken 	by 	the 	accused 	for 	which 	an 	opportunity 	for 	cross
examination of the complainant is fit to be given to the accused
u/s 	145(2) 	NI 	Act. 	Accordingly, 	oral 	request 	for 	cross
examination is allowed. This Court further does not deem it
appropriate/desirable to try the case summarily since sentence for
imprisonment exceeding one year may have to be passed, if the
trial results in conviction, therefore, this case would be tried as
summons trial case.
Now to come up for CE on 06.11.2024
The order be uploaded as per rules.
(Meena Chauhan)
MM (NI Act), Digital Court-03,
Central, THC,Delhi/22.05.2024
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