Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29 CC NI ACT 2091/2023
DALIP SACHDEVA Vs. JITENDER KUMAR
(Krishna Nagar)
04.02.2025
Matter taken up through VC on Cisco Webex.
Present: Sh. Ajay Fatyal, Ld. Counsel for the complainant through VC.
Complainant in person.
Sh. Jitender Vashisht, Ld. Counsel for accused through VC.
Accused in person along with surety.
Bail bond has been filed on behalf of the accused. Same stands accepted. Same
be taken on record.
Notice of accusation u/s 251 Cr.P.C has been served upon the accused to which
the accused pleaded not guilty and claimed trial. Plea of defence of the accused has also
been recorded. Ld. Counsel for the accused has orally submitted u/s 145(2) NI Act.
In view of plea of defence of accused, probable defence has been raised.
Therefore, accused is granted one opportunity to cross examine complainant on next date of
hearing.
In these circumstances, in view of the second proviso to section 143 (1) of the
NI Act, instead of being tried summarily, this case shall now be heard as a summons trial
case.
The cheques in question and returning memo for the same is admitted by the
accused.
Perusal of the file reveals that a list of witnesses is not on record. Ld. Counsel
for the complainant seeks some time to file list of witnesses.
Ld. Counsel for the accused submits that rules mandate that a list of witnesses
cannot be filed at a belated stage after the filing of complaint. Ld. Counsel for accused
further seeks some time to file relevant rules/orders for the same.
Both the parties are directed to appear physically before the court on NDOH
for cross examination of complainant.
Let the matter be put up for filing of list of witnesses/CE on 02.04.2025.
(Shiva Parashar)
JMFC (NI Act) Digital Court-01
East KKD Courts/04.02.2025
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