Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 4731/2024
Surender Kumar Jain Vs. Vikash Agarwal
23.10.2024
Present: Complainant in person with Ld. Counsel Sh. Sunil Goyal.
Accused in person with Ld. Counsel Sh. Sanjay Gupta.
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
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
witnesses at serial no. 2, 3 and 4 stand dropped from said list.
List the matter for CE on 06.02.2025.
(Arjun Kirar)
Judicial Magistrate First Class-04, NI Act
23.10.2024
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