Interim Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No.263/2021
15.07.2022
(Proceedings conducted through Video conferencing on Cisco Webex platform
using the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Mr. Arvind Kumar Jha, Ld. Counsel for the complainant along with AR.
Mr. Suyash Pandey, Ld. counsel for the accused along with accused.
Fresh Vakalatnama on behalf of accused received on email ID of the court.
Same be taken on record.
Ld. Counsel for accused submits that he could not procure surety and request is
made to grant one week’s time.
Heard and granted by way of last and final opportunity.
Matter is listed for framing of notice u/s 251 Cr.PC and further proceedings.
Notice u/s 251 Cr.PC has been framed against the accused to which he 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.
Admission and denial of documents u/s 294 Cr.PC has also been conducted.
Separate statement of the accused recorded and duly signed statement of the accused also
received back and the same is placed on record.
The accused has admitted the cheque in question to the extent of the signature
only, admitted the legal demand notice, bank return memo, postal receipts as well as internet
generated tracking report. Consequent to Admission and denial, concerned clerk/official from
the respective bank of both the complainant as well as the accused, in respect of proof / report
of dishonour of cheque, and the witness from postal department as cited in the list of
witnesses by complainant stands dropped from the said list.
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At this stage, vide separate statement of the complainant, the complainant has
adopted the presummoning affidavit as post summoning evidence, duly signed statement of
the complainant is received and same is placed on record.
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. He is directed to furnish an advance copy of
the same to the complainant and if the complainant wishes to give a reply to the same, he shall
submit the reply to the court on the next date of hearing and also provide an advance copy to
the accused.
Put up for arguments on application and further proceedings on 09.09.2022 at
11.00 a.m. Date is given as per the convenience of both the parties.
Stenographer is directed to do updation of the case and upload the order as per
rules.
(PADMA LANDOL)
MM (NI Act) Digital Court03
New Delhi, PHC/Delhi/15.07.2022
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