Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 2936-2021
DELHI MAGAZINE DISTRIBUTOR PVT LTD Vs. RAJEEV SHARMA
12.07.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Ms. Madhu Sehgal, Ld. Counsel for complainant along with AR.
Sh. Manish Khurana, Ld. Counsel for accused along with accused.
Vakalatnama as well as personal bonds on behalf of accused are filed.
Same are taken on record.
Surety bonds be filed on the NDOH, positively.
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.
Statement of the accused recorded U/s 294 Cr.P.C. In terms of the
statement, witnesses mentioned at serial no. 2, 3, 4 & 5 of the list of witnesses are
hereby dropped.
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
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-12.07.2023
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accused has a valid defence taken to make and in order to prove the 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 AR of complainant u/s 145 (2) of NI
Act on 18.09.2023 at 2.00 PM.
Both the parties are directed to appear physically at remote point at
Patiala House Courts, New Delhi.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-12.07.2023
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