Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 3138/2024 and 3139/2024
M/s Absolute Projects India Ltd Vs. M/s
Linear Lines Interior P Ltd
11.02.2025
Present: None for complainant.
Sh. Sachin Kaushik, Ld. Counsel for the accused.
Accused no. 1 is company.
Accused no. 2 and 3 in person.
Matter is at the stage of appearance of accused.
Fresh vakalatnama has been filed on behalf of the accused persons. Same
be taken on record.
Since the offence is bailable, the accused no. 2 and 3 are granted bail,
subject to furnishing of bail bonds in the sum of Rs. 50,000/- with one surety in the
like amount.
Personal bonds and surety bonds are furnished by the accused no. 3.
Same are accepted. Original RC seen and returned. Copy of the same retained on
record. Intimation be sent to transport department.
Accused no. 2 seeks some time to furnish bail bonds. Time granted till
NDOH.
Notice u/s 251 Cr.P.C has been framed against the accused persons to
which they have pleaded not guilty and claimed trial. Plea of defence has been
separately recorded and explained to the accused persons. Statement of accused
persons under Section 294 Cr.P.C. also recorded.
Considering the defence taken by the accused in their statement u/s 251
Cr.P.C, a plausible defence has been taken by the accused persons for which an
opportunity for cross examination of the complainant is fit to be given to the accused
persons u/s 145(2) NI Act. Upon oral request of Ld. Counsel for the accused, the filing
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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.
Ld. Counsel for the accused submits that the accused persons have not
received the copy of complaint and annexed documents. Complainant is directed to
supply the same to the accused prior to the NDOH.
List the matter for furnishng of bail bonds by accused no. 2/ CE on
01.05.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
11.02.2025
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