Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 49CC NO. - 3093/2023
CAVENDISH INDUSTRIES LTD Vs. R K ENTERPRISES
14.02.2025
Proceedings conducted through video conferencing via Cisco Webex App.
Present - Sh. Kapil Kumar, Ld. counsel for the complainant.
Sh. Naman Sharma, Ld. Counsel for the accused with accused.
Bail bonds have been furnished on the official email ID of this court. Same are accepted
and taken on record. Physical copies of the bail bonds be furnished with Reader/Ahlmad of this court.
Notice is framed against the accused u/s 138 of N.I. Act, to which he does not plead
guilty and claims trial. Defence plea is also recorded in compliance of the direction in the judgment
laid down in Rajesh Aggarwal & Anr. Vs. State 171 (2010) DLT 51.
Statement u/s 294 Cr.P.C is also recorded.
In view of the statement of the accused, witnesses mentioned at Sr. No. 3, 4 & 5 need
not be examined. Accordingly, witnesses mentioned at Sr. No. 3, 4 & 5 are dropped from array of
witnesses.
Counsel for the accused seeks time to file application u/s. 145(2) NI Act. Ld. Counsel
for the complainant states that he has no objection if the application u/s. 145(2) N.I. Act is allowed and
accused is given opportunity to cross examine the complainant.
In view of the same, the application u/s. 145 (2)N.I. Act stands allowed.
In view of the above facts & circumstances it is apparent that the present case is not fit
to be trial as a summary trial as punishment of more than one year may be required to be imposed.
Therefore, the case is converted from summary trial to summons trail.
Put up for CE on 04.04.2025.
Both the parties are directed to appear physically in room no. 204, at Extension
Block, THC, Delhi on next date of hearing at 12.00 PM. Both the parties are directed to be
present at room no. 204 at least 15 minutes prior.
(POOJA SUHAG)
Judicial Magistrate First Class (N.I. Act)
Digital Court -01, Central, Delhi/14.02.2025
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