Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 6898/2024
M/s Shree Radhey Distributors Llp Through Its Designated
Partner Sh Tarun Goel Vs. Ankush Jain Proprietor/
Authorised Signatory M/s New Fone Zone
(Roop Nagar)
28.10.2024
Present: Sh. Sudesh Goyal, Ld. Counsel for the Complainant.
Sh. Rohit Sherawat, 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.
Ld. Counsel for the accused submits that he has already
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
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
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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 stands dropped from said list.
List the matter for CE on 14.02.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
28.10.2024
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