Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 34 CC NI ACT 5587/2023
ASHOK KANODIA Vs. MANI KANT THAKUR
14.01.2025
Proceedings conducted online through VC using Cisco Webex as
well as through Hybrid Mode.
Present : 	Mr. Ravinder Singh, Ld. counsel for the complainant
through V.C.
Complainant in person.
Mr. Manish Malhotra, Ld. Counsel for the accused
along with accused in person.
Matter is listed for furnishing of bail bond/framing
of notice.
Bail bond furnished on behalf of accused. Same is
considered and accepted. Let the originals be submitted with the
Ahlmad/Assistant Ahlmad of this court.
Particulars 	of 	the 	offence 	and 	substance 	of
accusation 	u/s. 251 Cr.PC have been stated to the accused who
has pleaded not guilty and in view of the judgment of the
Hon’ble High Court of Delhi in Rajesh Aggarwal and another Vs.
State, 171 (2010) DLT 51, the plea of defence of the accused has
been recorded separately.
At this stage, admission/denial of documents under
Section 294 Cr. P.C. has been conducted. Separate Statement of
accused recorded today. Consequent to admission and denial, the
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/14.01.2025
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concerned manager/bank officials of 	both the complainant and
accused’s bank stand dropped.
Ld. 	Counsel 	for 	the 	accused 	has 	made 	an 	oral
request that he be allowed to cross examine the complainant in
view of section 145 (2) of N.I. Act. This request is not opposed
by Ld. Counsel for the complainant.
Considering 	the 	defence 	taken 	by 	the 	accused
pursuant to framing of notice u/s 251 Cr.P.C and no objection of
Ld. Counsel for the complainant, 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. 	Accordingly, 	oral 	request 	for 	cross
examination is allowed. 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.
At joint request of both the parties, matter is referred
to mediation for 03.02.2025 at 2:00 PM.
In case the mediation fails, matter be listed for C.E.
on 07.04.2025.
The order be uploaded as per rules.
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/14.01.2025
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