Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 3001-2021
SHYAM JHA Vs. ROSHAN JHA
27.11.2021
(Proceedings conducted through Video conferencing on Cisco Webex platform
using the URL link https://delhidistrictcourts.webex.com/meet/ ninewdelhi3 .
Present: Mr. Sunil Chaudhary, Ld. Counsel for the complainant along with
complainant.
Mr. Mani Kaul, Ld. counsel for the accused along with accused.
Personal bonds and surety bonds received on the e-mail ID of the court.
Same be taken on record.
It is jointly submitted that mediation has failed.
Now to come up for framing of Notice u/s 251 Cr.PC at 2.30 p.m. today.
Surety to also appear at 2.30 p.m. today itself.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/27.11.2021
At 2.30 P.M.
Present: Mr. Sunil Chaudhary, Ld. Counsel for the complainant along with
complainant.
Mr. Mani Kaul, Ld. counsel for the accused along with accused and
surety.
Mr. Praveen Jha has stood as surety for the accused. Same is accepted.
Ld. counsel for the accused submits that the complainant has not
mentioned the details of his bank where he maintains his bank account and as
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reflecting in the cheque in dispute, the branch of Mukherjee Nagar is appearing which
is not within the territorial jurisdiction of this court.
Per contra, ld. counsel for the complainant submits that the cheque in
dispute was presented in Mukherjee Nagar Branch, however, complainant maintain his
account at C.P. Branch and he undertakes to file an affidavit in this regard by
29.11.2021 with an advance copy to the opposite side.
Heard and considered.
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.
The accused has admitted the cheque in dispute, bank return memo, legal
demand notice, postal receipts as well as internet generated tracking report.
At this stage, vide separate statement of the complainant, the
complainant has adopted the pre-summoning 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 the same, the oral application u/s 145(2) NI Act is allowed.
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At this stage, it is noted that complainant has not filed his list of
witnesses. Ld. counsel for the complainant undertakes to file the same along with his
above mentioned affidavit. Same is not objected to by the Ld. counsel for the accused.
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 12.01.2022 at 2pm 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/27.11.2021
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