Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24CC NI ACT/8341/2023 DLCT020255012023
CTS TRANS SOLUTIONS THROUGH ITS PROPRIETOR MAHENDER
SINGHVs. MANORANJAN KUMAR SINGH
05.06.2024
Matters are being taken up physically in terms of order no. 67/RG/DHC/2022 dated 11.02.2022.
VC Link is kept open for appearance in terms of order no. 01/RG/DHC/2023 dated 05.06.2023.
Present : Sh. Mukesh Mishra, Ld. Counsel for the complainant.
Sh. Rupesh Kumar, ld. Counsel for the accused with accused.
(Fresh vakalatnama filed on behalf of accused. Taken on record).
Accused has entered appearance. He submits that he has received
copy of complaint.
In view of appearance of accused as the offence is bailable in nature,
accused is hereby admitted on bail subject to furnishing of bail bond in the sum of
Rs. 25,000/- with one surety of like amount.
Bail bond furnished and accepted subject to verification. Verification
report be called from SHO concerned.
Solvency document be furnished on the NDOH.
Notice u/s 251 Cr. P.C. framed against the accused for the offence
u/s 138 NI Act to which he has pleaded not guilty and claimed trial.
Admission/ denial of documents done u/s 294 Cr. P.C. Bank witness
stands dropped as the accused has not disputing the signature on the cheques
as well as dishonour of cheques.
Considering the fact that no plausible defence has been taken by the
accused pursuant to framing of notice and as accused has conceded that there is
still outstanding liability of Rs. 3 lacs towards the complainant whereas the
cheque amount is only Rs. 2,50,000/-, this is not a fit case where an opportunity
must be given suo moto to the accused for cross-examination u/s 145(2) NI Act.
This Court further, does not deem it appropriate/ desirable to try the case
summarily since imprisonment exceeding one year, may have to be passed, if the
trial results in conviction. Therefore, this Case would be tried as summary trial
case.
Accordingly, matter be listed for DE in terms of Judgment of Rajesh
Aggarwal Vs. State, 171 (2010) DLT 51.
It is clarified that only one opportunity shall be given for leading DE.
In case, accused wishes to examine himself as a witness,
application u/s 315 Cr. P. C. be filed on/ before the NDOH.
Further, copy of list of witnesses be filed at least two weeks prior to
NDOH alongwith an advance copy to the opposite party.
Further, steps be taken for summoning the defence witnesses at
least one week prior to NDOH.
List the matter on 23.09.2024 for DE.
(Rupinder Singh Dhiman)
MM, NI Act-06, Central District, THC/ 05.06.2024
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