Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 2273-2022
NAVEEN KUMAR VERMA
versus
SUNIL KUMAR VERMA
27.06.2022
Proceedings conducted through video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Arun Kumar, Ld. Counsel for complainant.
Sh. Chetan Pal, Ld. Counsel for accused alongwith accused.
Matter is fixed for appearance of accused.
Fresh Vakalatnama on behalf of accused is received on the e-mail ID of
the court. Same be taken on record.
Accused is directed to file personal bonds and surety bonds in sum of
Rs. 20,000/- each. Surety to appear on the NDOH.
Since the present offence is bailable in nature, the accused is admitted to
bail subject to furnishing of personal bonds.
Ld. counsel for the accused further submits that he has not received
copy of complaint and annexed documents.
Ld. counsel for the complainant is directed to do the needful forthwith.
Upon asking about the scope of settlement, accused outrightly denied to
the same.
Put up for framing of notice at 2.00 pm.
(Padma Landol)
MM (NI Act), Digital Court-03
PHC/New Delhi/27.06.2022
AT 2.00 pm
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Present: Sh. Arun Kumar, Ld. Counsel for complainant alongwith complainant.
Sh. Chetan Pal, Ld. Counsel for accused alongwith accused.
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.
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 presummoning 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 said application is allowed. In
view of submissions, oral application U/s 145 (2) of 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
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.
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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 05.09.2022 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.
(Padma Landol)
MM (NI Act), Digital Court-03
PHC/New Delhi/27.06.2022
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