Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
CC NI ACT 77-2022, 78-2022, 79-2022 & 86-2022
INDIA TOURISM DEVELOPMENTCORPORATION Vs. AYESHAHOSPITALITY PVT.
LTD.
05.07.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Ms. Swati Setia, Ld. counsel for the complainant.
Sh. P.S. Singhal and Satender Kumar, Ld. counsel for all the accused along
with accused no. 2 and 3.
This is a consolidated order in all the above captioned matters.
Fresh vakalatnama on behalf of accused along with bail bonds on behalf of all
the accused received on the e-mail ID of the court. Same be taken on record.
Mr. Rajinder Singh has stood as surety for the accused no.2. Surety documents
perused and accepted.
Mr. Nishant has stood as surety for the accused no.3. Surety documents
perused and accepted.
It is jointly submitted that mediation in the connected matters have failed.
At this stage, notice u/s 251 Cr.PC has been framed against all the accused to
which they pleaded not guilty and claimed trial. While framing of notice u/s 251 Cr.PC the
court shared its screen via Cisco Webex and showed the cheque in dispute and other
documents to the accused.
Ld. counsel for the accused submits that he wishes to move an application u/s
145(2) of the NI Act by the next date of hearing. Ld. counsel for the complainant submits
that he has no objection if the oral application is allowed. In view of the submission, the oral
application u/s 145(2) NI Act is allowed. This court does not deem it appropriate to try the
case summarily since the 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.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/05.07.2023
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The broad guidelines for the recording of evidence through the virtual mode
have been worked out and shall be shared with both the parties within one week from today.
Both sides in the present case have given their consent today for one IT Official/ Expert
from the Computer Branch to remain present during the recording of evidence on the next
date of hearing for technical assistance. As per the arrangement made between the Digital
courts at Patiala House Court, this Court has been allotted Wednesday and Thursday of
every week to use the Video Conferencing Room at Patiala House Court Complex (the
designated place as per the approval of Ld. Principal District and Sessions Judge, New
Delhi District for recording of evidence in Digital Courts at Patiala House Courts).
The matter be now fixed for 06.10.2023 at 2.00 p.m. for recording of
evidence. Parties in person with Counsels are directed to appear at the venue at least half an
hour prior to the time indicated. The Complainant will be cross examined on the date fixed.
PA is directed to do updation of the case and upload the order as per rules.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/05.07.2023
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