Order 19

Order Details: COPY OF ORDER
Pdf Text: 6 CC NI ACT 5605-2023 CONTINENTAL ENGINES PRIVATE LIMITED Vs. M-S
AKSHAR AUTOMOBILE AND ORS
Proceedings are conducted through Video Conferencing.
29.03.2025
Present : Sh.Srijan Tyagi, ld. counsel the complainant.
Accused no.3 Hitesh is appearing through VC.
Ms.Niharika Yadav, ld. LAC for accused no.3.
Ms.Vandana Rana, ld. Counsel for accused no.2.
Accused no.2 is appearing through VC.
It is submitted by ld. Counsel for the complainant that application under Section
143(A) of NI Act is pending consideration.
Let reply, if any, be filed by the accused side on the NDOH.
Heard on the point of framing of notice. Substance of allegations against the
accused has been explained to the accused in vernacular. The notice, cheque in dispute and the
legal demand notice were shared with the accused by sharing the screen. The accused Hitesh as
well as his counsel could see the documents and answered the questions.
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 of the list of witnesses are hereby dropped.
The PDF of the Notices framed and statements recorded have been mailed to the
accused persons for affixing their signatures. They are directed to mail the scanned and signed
copies of the same to the official email id of the Courtlatest by tomorrow, 11 am.
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.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 29.03.2025
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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 24.05.2025.
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 – 29.03.2025
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