Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 1271-2021
KOTAK MAHINDRA BANK Vs. KAUSHAL GUPTA
22.03.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Sh. Abhishek Kumar, Ld. Counsel for complainant along with AR on
VC.
Sh. Kailash Rana, Ld. Counsel for accused along with accused.
Ld. Counsel for accused submits that he has filed the vakalatnama on
behalf of the accused on the email id of this court.
Same is taken on record.
Bail bonds qua accused have been filed on the email id of this court.
Same are taken on record as allowed and accepted.
Physical copies of the same be furnished within due time.
Heard on the point of framing of notice. Substance of allegations against
the accused has been explained to the accused in vernacular. Notice under Section
251 CrPC served upon the accused to which the accused pleaded not guilty and
claimed trial and further disclosed his defence. The digital scanned copies of the
impugned cheque, return memo and legal demand notice were also shown to him.
Statement of the accused recorded U/s 294 Cr.P.C. In terms of the
statement, witnesses mentioned at serial no. 2, 3 & 4 of the list of witnesses are
hereby dropped.
The PDF of the Notices framed and statements recorded have been
mailed to the accused persons for affixing their signatures. They are directed to mail
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the scanned and signed copies of the same to the official email id of the Court i.e.
ninewdelhi1@gmail.com, latest by tomorrow, 11 am.
Ld. Counsel for accused has orally requested to grant leave for cross
examination of the complainant. Arguments heard. It has been stated by the Ld.
Counsel for complainant that he has no objection if the accused is given opportunity
to cross examine the complainant. Considering the facts and circumstances of the
case as well as the defence taken to the notice u/s 251 CrPC, it appears that the
accused has a valid defence taken to make and in order to prove the same, cross
examination of the complainant witnesses is essential. Therefore, on the oral request
of the accused, plea of accused under Section 145(2) N.I. Act is allowed.
Considering the nature of the evidence, the cheque amount in question in
the present case, I am of the opinion that a sentence of imprisonment for a term
exceeding one year may have to be passed and it is undesirable to try the present case
summarily and therefore, the present case shall be tried as a summons case under
Chapter XX of the CrPC.
Put up for cross examination of the complainant on 30.05.2023 at 2.00
PM.
Both the parties are directed to appear physically at remote point at
Patiala House Courts, New Delhi.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-22.03.2023
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