Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 69 CC No.4569/2023
SH. DHARMENDRA KUMAR Vs. SH.MOHIT SHARMA
07.05.2024
Proceedings conducted through video conferencing via Cisco Webex App.
Matter taken up through Video Conferencing as per office order of Hon'ble Delhi High
Court as per order no. 4/7/RG/DHC/2020 dated 27.08.2020.
Present: None for complainant.
Mr.Darshan Paliwal, Ld. Counsel for accused alongwith accused in person.
Matter is at the stage of framing of notice.
Ld. Counsel for accused submits that the vakalatnama has already been filed on behalf of
accused.
Surety bonds furnished. Same is verified and accepted.
Mr. Mohit Tomar has stood as surety. Original R/C seen and returned.
Heard on the point of framing of notice. Substance of allegations against the accused
has been explained to him in vernacular. Notice u/s 251 Cr.P.C has been framed against the accused to
which he pleaded not guilty and claimed trial. Accused further disclosed his defence.
Statement of accused regarding admission and denial of documents u/s 294 Cr.P.C has
been recorded. In view of the same, witnesses at serial no. 3 & 4 in the list of witnesses are hereby
dropped.
Considering the facts and circumstances of the case, cheque amount, the Court is of the
opinion that if sentence exceeding one year may be imposed, the Court desires to try the case as a
summons triable case.
Ld. Counsel for accused submits that further time is required in order to file application
u/s 145(2) NI Act.
Ld. Counsel for accused is directed to file the application on or before the NDOH and
copy of the same be supplied to the opposite side well before NDOH at least 15 days prior to the
NDOH.
Put up for consideration of application u/s 145(2) NI Act, filed, if any on 30.09.2024.
The order be uploaded as per rules.
(Pranjal Gangwar)
MM (NI Act) Digital Court-02,
Central, THC, Delhi
07.05.2024
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