Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 1307-2021
SURJEET KUMAR Vs. ANIT KUMAR SINGH
19.01.2022
(Proceedings conducted through Video conferencing on Cisco Webex platform
using the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3 .
Present: Mr. Nakul Singh, Ld. Counsel for the complainant.
Mr. Gaurav Dixit, Ld. counsel for the accused along with accused and
surety.
Vakalatnama and Bail bonds received on the e-mail ID of the court.
Same be taken on record. Ms. Kumud has stood as surety for the accused.
It is jointly submitted that mediation has failed.
Put up for framing of notice at 2.00 p.m. today.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/19.01.2022
AT 2.00 P.M.
Present: Same as above.
Matter is listed for framing of notice u/s 251 Cr.PC and further
proceedings.
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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.
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 as cited in the list of witnesses by complainant stands
dropped from the said list.
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 application is allowed. In view of
the submissions, oral application u/s 145 (2) NI Act is allowed.
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
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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 28.04.2022 at 2.00 pm 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.
At this stage, Ld. counsel for the complainant presses for his application
u/s 143 A NI Act already filed with the complaint.
Ld. counsel for the accused submits that he 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 on 23.03.2022 and thereafter, for
cross examination of complainant on 28.04.2022 at 02.00 p.m. Date is given as per
the convenience of both the parties.
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/19.01.2022
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