Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 2155-2021
MICROMAX INFORMATICS LIMITED Vs.GANPATI DISTRIBUTORS
13.10.2022
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Yash Dhyani, Ld. counsel for the complainant.
Sh. Zeeshan, Ld. counsel for the accused along with accused no. 2 and 5.
Ld. counsel for the complainant submits that he has still not received the
medical reports of accused no.3.
Per contra, Ld. counsel for the accused submits that he has already supplied
several times, however he undertakes to send the same on the personal email ID of the
opposite cournsel forthwith.
Put up at 11 AM.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/13.10.2022
At 11 AM.
Present: Same as above.
Ld. counsel for the complainant submits that he has received the medical
reports.
In the course of submission, Ld. counsel for complainant submits that he
wishes to drop accused No.3 from the array of parties.
In view of the submission, accused No.3 stand dropped from the array of
parties and the present matter will be proceeded against accused No.1, 2 and 5 only.
In view of the statement of the Ld. counsel for the complainant, the accused
no.3 is hereby acquitted. Bail bonds/surety bonds, if any, stands discharged.
Ld. counsel is directed to file an amended memo of parties by the next date of
hearing.
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 persons to which
they pleaded not guilty and claimed trial. While framing of notice u/s 251 Cr.PC the court
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shared its screen via Cisco Webex and showed the cheque in dispute and other documents to
the accused.
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 oral application is allowed. In view of the submission, the oral
application u/s 145(2) NI Act is allowed. This court does 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 summons trial
case.
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. 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 23.02.2023 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
New Delhi, PHC/Delhi/13.10.2022
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