Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 48CC NI ACT3530/2023PRACHI AGGARWAL Vs. M/SSRIMANDER DASS SONS/0 (Roop
Nagar)
23.10.2024
Proceedings conducted through video conferencing via Cisco Webex App.
Present - Sh. Prabhat Ranjan, Ld. Counsel for complainant.
Sh. Subhash Chander, Ld. Counsel for accused.
Notice is framed against all the accused persons u/s 138 of N.I. Act, to which they
do 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. 4,5,6 & 7
need not be examined. Accordingly, witnesses mentioned at Sr. No. 4,5,6 & 7 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.
Counsel for complainant submits that he has filed application U/s 143A NI Act
on official e-mail ID of this court.
Counsel for the accused submits that he has received the same yesterday.
Put up for reply/ arguments on application U/s 143A NI Act/ CE on 26.02.2025.
(POOJA SUHAG)
Judicial Magistrate First Class (N.I. Act)
Digital Court -01, Central, Delhi/23.10.2024
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