Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 2139/2024
Tripurari Vs. Ankur
04.02.2025
Present: Sh. Manoj Kumar, Ld. Counsel for the complainant.
Sh. Ravi, Ld. Counsel for the accused alongwith accused.
Matter is at the stage of furnishing of bail bonds/ framing of notice.
Personal bonds and surety bonds are furnished by the accused. Same are
accepted. Original FDR retained on record.
Notice u/s 251 Cr.P.C has been framed against the accused to which he
pleaded not guilty and claimed trial. Plea of defence has been separately recorded and
explained to the accused. Statement of accused under Section 294 Cr.P.C. also
recorded.
Considering the defence taken by the accused in his statement u/s 251
Cr.P.C, 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. Upon oral request of Ld. Counsel for the accused, the filing of application u/s
145(2) NI Act stands dispensed with. 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.
In view of admission/denial of documents under Section 294 Cr. P.C., the
witnesses mentioned in the list of witnesses at serial no. 2 & 3 stand dropped from said
list.
List the matter for CE on 09.04.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
04.02.2025
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