Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 1911-2021
RANJEETA YADAV, PROPRIETOR, M/S STAR GROUP
versus
BABLU KUMAR CHAUDHARY
07.03.2022
Proceedings conducted through video conferencing on Cisco Webex platform using the URL link
https://delhidistrictcourts.webex.com/meet/ninewdelhi1.
Present: Sh. M.K. Sethi, Ld. Counsel for complainant.
Sh. Arhum Sayeed, Ld. LAC for accused.
Ld. LAC for accused submitted that accused is physically present before the
Reader.
Ld. LAC for accused submitted that the accused could not arrange the sound
surety and needs some more time to arrange the same. It is prayed that personal bond be accepted
till next date and accused be permitted to furnish the proper bond by the next date. Heard.
Personal bond are further accepted till next date. Proper bond be furnished by the next date.
Ld. Counsel for accused submitted that copy alongwith annexed documents have
been received.
Let notice be framed.
Put up at 12.30 pm.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/07.03.2022
At 12.30 pm
Present: Sh. M.K. Sethi, Ld. Counsel for complainant.
Sh. Arhum Sayeed, Ld. LAC for accused.
Ld. LAC for accused submitted that accused is physically present before the
Reader.
Let notice be framed against the accused.
Notice u/S 251 CrPC framed against accused to which he pleaded not guilty and
claimed trial. His plea of defence has also been recorded.
At this stage, admission/denial of the documents U/s 294 Cr.P.C. undertaken.
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Accused submitted that he will not dispute the genuineness and correctness of the impugned
cheques and return memo. Separate statements of the accused has been recorded in this regard.
Accordingly, two witnesses from the list of witness i.e. (a) concerned official
of the bank of the complainant (b) concerned official of the bank of the accused are dropped
from the list of witnesses.
As the accused is present before the Reader, the accused has put the signatures
specifically on the Notice and the statement of admission/denial.
Upon submissions and contentions of the parties, this Court does not not deem it
appropriate to try the 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 a
summons-triable case.
The accused seek time to furnish an application U/s 145 (2) of the NI Act for
cross-examination of the complainant witnesses. The said application be moved on the next date
with advance copy to the complainant/ Ld. counsel, atleast a week before the next date. Reply to
the said application, if any, shall be filed on the next date and copy be supplied in advance to the
Ld. counsel for the accused/accused.
Renotify for hearing on the application/recording of evidence/ furnishing of
proper bond/further proceedings on 04.04.2022.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/07.03.2022
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