Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 4953/2024
M/s Shree Radhey Distributors Llp
Through Its Designated Partner Tarun
Goel Vs. Naitik Enterprises Through Its
Proprietor/ Authorised Signatory Ms
Neetu Garg
19.04.2025
The undersigned is also looking after the work of Sh. Gaurav Goyal, JMFC-6
Present: Sh. Sudesh Goyal, Ld. Counsel for the complainant.
AR for the complainant.
Accused in person with Ld. Counsel Sh. Divakar Sharma.
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. 10,000/- with one surety in the like amount.
Accused seeks some time to furnish bail bonds. Time granted till NDOH.
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.
In view of the statement of the accused u/s 251 Cr.P.C, accused has
admitted his liability and no 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. 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
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witnesses mentioned in the list of witnesses at serial no. 2 and 3 stand dropped from
said list.
Ld. Counsel for the complainant submits that the complainant has
received Rs. 40,000/- from the accused today and now an amount of Rs. 2,10,000/- is
left to be paid by the accused.
Ld. Counsel for the accused submits that the accused will make the
payment of the same within 3 months.
List the matter for furnishing of bail bonds/ recording of statement of
accused u/s 313 CrPC on 01.08.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
19.04.2025
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