Order 4

Order Details: COPY OF ORDER
Pdf Text: 48CC No. - 3776/2023
YOGESH KUMAR AGGARWAL Vs.VIRENDER KUMAR SHARMA
19.04.2024
Proceedings conducted through video conferencing via Cisco Webex App.
Present - Sh. Puneet Gupta, Ld. Counsel for the complainant.
Sh. Ajay Kumar Sharma, Ld. Counsel for the accused with accused and surety.
Vakalatnama on behalf of the accused be filed on the official email ID of this court during
course of the day.
Since the offence is bailable in nature, accused is admitted to bail on furnishing Personal bond in
the sum of Rs. 10,000/- with surety of like amount.
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.
It is submitted by Ld. Counsel for the accused that he has received copy of the complaint and the
accompanied documents.
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 need not be examined.
Accordingly, witnesses mentioned at Sr. No. 3 is 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 22.07.2024.
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)
MM–01 (N.I.Act)Digital Court Central,
Tis Hazari Courts, Delhi/20.04.2024
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