Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 9679/2023
Vijay Ahuja Vs. M Prabhu Sankar
19.03.2025
Present: Sh. Subash Singh, Ld. Counsel for the complainant.
Accused in person with Ld. Counsel Ms. Yukti.
Matter is at the stage of framing of notice.
Ld. Counsel for the accused submits that the accused has not received the
copy of complaint and annexed documents. Complainant is directed to supply the
same to the accused prior to the 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.
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
witnesses mentioned in the list of witnesses at serial no. 2, 3 and 4 stand dropped from
said list.
List the matter for CE on 02.06.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
19.03.2025
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