Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 7814/2024
Libra International Ltd Vs. Sudesh Kumar
Sharma Proprietor
25.01.2025
Present: Complainant in person with Ld. Counsel Sh. Prashant.
Accused in person with Ld. Counsel Sh. Rishabh Kumar.
Matter is at the stage of 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. 20,000/- with one surety in the like amount.
Personal bonds and surety bonds are furnished by the accused. Same are
accepted. Original FDR retained on record.
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. Upon oral request of Ld. Counsel for the accused, 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
witness mentioned in the list of witnesses at serial no. 2 stands dropped from said list.
List the matter for CE on 05.04.2025.
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A request for permanent exemption has been made on behalf of the
accused stating that he may be exempted from physical appearance as he is 70 years
old and comes from Himachal Pradesh. Request accepted subject to the accused
appearing through VC and the counsel for accused appearing physically on each and
every date of hearing and will not dispute the identity of the witness.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
25.01.2025
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