Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 75 CC NI ACT - 7540-2024
Afzal Khan Vs. Waseem Raja
07.10.2024
Present: None for complainant.
Mr. Satish Kumar, Ld. Counsel for the accused with
accused and surety.
As the offence is bailable, accused is admitted to bail
on furnishing of personal bond in the sum of Rs.70,000/- with
one surety in the like amount.
Bail bonds in the sum of Rs.70,000/- with one surety
is furnished. Same are accepted. Original RC retained. Robkar be
issued.
Notice u/s. 251 CrPC explaining the substance of the
accusation has been served upon the accused today to which he
has pleaded not guilty and has claimed trial.
Statement of accused u/s. 294 CrPC has also been
recorded. In view of the statement of the accused, ld. Counsel for
complainant has submitted that he does not wish to examine
witness at serial no.2, 3 & 4, being formal witnesses. In view of
the statement of accused u/s. 294 CrPC and the submissions of
counsel for the complainant, three witnesses at serial no.2, 3 & 4
are hereby dropped from the list of witnesses furnished on behalf
of the complainant.
In view of the defence of the accused, accused has
made an oral application u/s. 145(2) NI Act and has sought
permission of this court to cross examine the complainant.
Submissions heard. In view of the submissions made, application
u/s. 145(2) NI Act is hereby allowed.
Since the conclusion of the trial might take more
than 06 months and also the fact that the accused might be
sentenced for more than 01 year, accordingly, I order that the trial
of this case be conducted as per the procedure laid down for trial
of summons cases.
Now to come up for CE on 21.01.2025.
(Neha Garg)
JMIC (NI Act)-02- PHC
NDD-ND-07.10.2024
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