Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 25 CC NI ACT 5408-2023 RAGHU RAJ SINGH Vs. KIRAN SHARMA -0 ()
Proceedings conducted through video conferencing via Cisco Webex App.
16.10.2024
Present : Sh.Sundram, ld. Counsel for the complainant.
Accused in person.
Sh.Lucky Sharma, ld. Counsel for the accused.
Bail bonds furnished. Same are accepted and taken on record.
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.
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.
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
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 09.12.2024. 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-16.10.2024
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