Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 4527/2024
Vinod Kane Vs. Ankita Rai
27.09.2024
Present: Complainant in person with Ld. Counsel Sh. Vinod
Kumar Dubey.
Sh. T P Singh, Ld. Counsel for the accused.
Accused in person.
Matter is at the stage of furnishing of bail bonds/ framing
of notice.
Vakalatnama has been filed on behalf of the accused.
Same be taken on record.
Since the offence is bailable, the accused is granted bail,
subject to furnishing of personal bonds in the sum of Rs. 20,000/-.
Personal bonds furnished by the accused.
Ld. Counsel for the accused submits that copy of
complaint and copy of annexed documents have not been supplied to
the accused. Same is supplied to the accused today.
Notice u/s 251 Cr.P.C has been framed against the
accused to which she 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
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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 5 stand dropped from said list.
At request, the accused is permanently exempted from
physical appearance as she has to come from Mau, UP, subject to
her counsel appearing on every date of hearing and the accused
appearing through VC.
List the matter for CE on 03.01.2025.
(Arjun Kirar)
Judicial Magistrate First Class-04, NI Act
27.09.2024
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