Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 4853/2024
Dhan Singh Malik Vs. Aman Kapoor
(Darya Ganj)
15.10.2024
Present: Sh. Ranjan Kumar, Ld. Counsel for the Complainant with
complainant. (through VC)
Accused in person with Ld. Counsel Sh. Harshit Gupta.
Matter is at the stage of appearance of accused/
furnishing of bail bonds / framing of notice.
Since the offence is bailable, the accused is granted bail,
subject to furnishing of bail bonds in the sum of Rs. 20,000/- with one
surety in the like amount.
Personal bonds and surety bonds are furnished by the
accused. Same are accepted. Original RC seen and returned. Copy of
the same retained on record. Intimation be sent to transport
department.
Ld. Counsel for the accused submits that the accused has
received the copy of complaint and copy of annexed documents.
Notice u/s 251 Cr.P.C has been framed against the
accused to which he pleaded not guilty and claimed trial. Plea of
defence has been separately recorded and explained to the accused.
Statement of accused under Section 294 Cr.P.C. also recorded.
Considering the defence taken by the accused in his
statement u/s 251 Cr.P.C, a plausible defence has been taken by the
accused for which an opportunity for cross examination of the
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complainant is fit to be given to the accused u/s 145(2) NI Act. The
filing 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 witness
at serial no. 2 stands dropped from said list.
List the matter for CE on 31.01.2025.
(Arjun Kirar)
Judicial Magistrate First Class-04, NI Act
15.10.2024
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