Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 1095-2023
VIJAY KARAN YADAV Vs. ANIL KUMAR
30.01.2024
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Shahbaz Khan, Ld. counsel for the complainant.
Sh. Prem Prasad, Ld. counsel for the accused along with accused.
Matter is fixed for appearance of accused.
Fresh vakalatnama on behalf of accused along with board resolution and
personal bonds on behalf of all the accused received on the e-mail ID of the court. Same be
taken on record.
At this stage, Matter is fixed for framing of notice.
At this stage, 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.
In terms of the statement, witness mentioned at serial no. 2 & 3 of the list of
witnesses are hereby dropped.
At this stage, vide separate statement of the complainant, the complainant has
adopted the pre-summoning 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. 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
( NISHTHA MEHTANI)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi-30.01.2024
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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.
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 28.05.2024 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.
( NISHTHA MEHTANI)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi-30.01.2024
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