Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 1124-2022
SHRI KAPIL AGGARWAL Vs. BRAHM DEVPANDEY
31.03.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Pradeep Kumar, Ld. counsel for the complainant.
Ms. Kavita Shukla, Ld. counsel for the accused along with accused.
Accused submits that he has paid the previous cost to the complainant just
now.
Ld. counsel for the complainant undertakes to take instructions in this regard.
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.
At this stage, a joint request is made to refer the matter to mediation. Heard
and considered.
On little interaction, it appears that ample chances of settlement exist in this
matter. Parties have agreed to appear before Mediation cell. Both parties have been
explained the procedure and advantages of mediation process. The parties have been
explained the law laid down in Dayawati v. Yogesh Kumar Gosain, 2017 SCC OnLine Del
11032.
Let, matter be put up with consent of both sides before physical Mediation
Cell on 06.04.2023 at 02:00 p.m. and returnable to this Court on 02.06.2023 after process
of mediation.
Parties are directed to appear before Mediation Cell and before the Court on
dates fixed. It is clarified that if the parties fail to appear before the mediation cell on the
date and time fixed cost will be imposed on the next date of hearing. It is further clarified
that in compliance of the law laid down in Dayawati v. Yogesh Kumar Gosain, 2017 SCC
OnLine Del 11032, both parties be present in the Court on the next date of hearing for
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recording of statement if mediation succeeds. Parties are directed to sign the mediation
forms with the Ahlmad within three working days from today.
In case mediation fails, the parties be present before the Court on the next date
of hearing for framing of notice and further proceedings
Ahlmad is directed to send this order sheet along with the signed mediation
form to the Mediation cell, PHC.
P.A. is directed to update the case and upload the order as per rules.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/31.03.2023
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