Interim Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 1307-2021
SURJEET KUMAR Vs. ANIT KUMAR SINGH
05.01.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Ranvijay Kumar, Ld. counsel for the complainant.
Sh. Gaurav Dixit, Ld. counsel for the accused along with accused.
Ld. counsel for the accused submits that he does not wish to file any reply to
the application of complainant and shall straightaway address arguments.
Arguments on the application heard on length.
Put up for orders at 4 PM.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/05.01.2023
At 4 PM.
Present: None.
Vide a separate order of even date, application u/s 143A NI Act is dismissed.
Ld. counsel for the complainant in his application for producing additional
documents has submitted that accused has settled 15 cases u/s 138 NI Act filed by Mohd.
Amaan Khan after paying the entire amount of Rs.80 crores. That he wishes to bring the
relevant court orders and an MoU executed between Pankaj Singh(business associate of
accused) and Mohd. Amaan Khan. He further submits that these are substantial piece of
evidence which is relevant for adjudication of the present case.
Per contra, Ld. counsel for the accused submits that there was no such
settlement for Rs.80 crores and instead, Mohd. Amaan Khan had withdrawn the above
mentioned 15 cases pursuant to a settlement arrived in the complaint filed by the accused
against Mohd. Amaan Khan u/s 156(3) CrPC. He further submits that the said MoU is
forged and fabricated documents and the accused disputes his signature on the same.
Perusal of the records reveal that even though the documents sought to be
produced are not directly relevant for the present case, however Mohd. Amaan Khan
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appears to be a material person as his name is repeatedly appearing in the present complaint
as well as the documents of the accused and further, the transaction in the above mentioned
15 cases is submitted to be the same transaction as in the present matter. Hence, for the
reasons so mentioned, application is allowed, however subject to cost of Rs.500/- to be paid
to the accused within 2 days from today.
Put up for cross examination of complainant on the date already fixed i.e.
09.03.2023 at 2 PM.
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/05.01.2023
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