Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 61 CC NI ACT 3473-2022 CISCO SYSTEMS CAPITAL INDIA PVT.LTD Vs. NAYATI
HEALTHCARE AND RESERCH OVT.LTD -0 (R.K. Puram)
Proceedings conducted through video conferencing via Cisco Webex App.
04.10.2024
Present : Sh.Rachit Bigghe, ld. Counsel for the complainant.
Ms.Veda Singh, ld. Counsel for the accused no.2.
Accused no.2/S.K.Narula is appearing through VC.
Bail bonds furnished by accused no.2. Same are accepted and taken on record.
It is submitted by accused no.2 S.K.Narula that he is no longer respresenting
accused no.1 i.e. Niyati Health care and Research Pvt.Ltd. That he was suspended as Director in
December, 2023.
In view of his submissions, let court notice be issued to
Director/Chairman/Authorized Representative of Niyati Health care and Research Pvt.Ltd. to
appear before the court on NDOH, on filing of PF.
Heard on the point of framing of notice. Substance of allegations against the
accused has been explained to the accused in vernacular. Notice under Section 251 CrPC served
upon the accused to which the accused pleaded not guilty and claimed trial and further disclosed
his defence. The digital scanned copies of the impugned cheque, return memo and legal demand
notice were also shown to him through VC.
Statement of the accused recorded U/s 294 Cr.P.C. In terms of the statement,
witnesses mentioned at serial no. 2, 3 & 4 of the list of witnesses are hereby dropped.
The notice has duly been signed by ld. Counsel for accused no.2.
Ld. Counsel for accused has orally requested to grant leave for cross examination of
the complainant. Arguments heard. It has been stated by the Ld. Counsel for complainant that he
has no objection if the accused is given opportunity to cross examine the complainant.
Considering the facts and circumstances of the case as well as the defence taken to the notice u/s
251 CrPC, it appears that the accused has a valid defence taken to make and in order to prove the
(Bharti Beniwal)
JMFC (NI ACT) Digital Court 01
PHC New Delhi – 04.10.2024
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same, cross examination of the complainant witnesses is essential. Therefore, on the oral request
of the accused, plea of accused under Section 145(2) N.I. Act is allowed.
Considering the nature of the evidence, the cheque amount in question in the
present case, I am of the opinion that a sentence of imprisonment for a term exceeding one year
may have to be passed and it is undesirable to try the present case summarily and therefore, the
present case shall be tried as a summons case under Chapter XX of the CrPC.
Put up for cross examination of the complainant on 29.11.2024.
Both the parties are directed to appear physically at remote point at Patiala House
Courts, New Delhi.
(Bharti Beniwal)
JMFC (NI ACT) Digital Court 01
PHC New Delhi – 04.10.2024
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