Full Order Text
Order 10 · 06 Jan 2023 · CNR DLND020109302021
Order Details: COPY OF ORDER Pdf Text: Case No. 373421, 692921, 429221 O.P. Khandelwal Vs. Ravi Gupta 06.01.2023 Present: Sh. Vipul Sharma, Counsel for complainant alongwith complainant. Sh. Shivam Sachdeva, proxy Counsel for accused. Accused present through VC. An application has been moved on behalf of accused seeking waiver of previous cost of Rs. 5000/ alongwith medical documents. Same is opposed by Ld. Counsel for complainant. Heard. In the interest of justice, the cost amount is hereby towards to the sum of Rs. 1000/ which shall be paid to the opposite party during course of the day itself. Considering the overall facts and circumstances of the case, accused is admitted to Court bail on furnishing his personal bond in the sum of Rs. 40,000/ with one surety of like amount. It is submitted on behalf of the accused that the accused will furnish the bond on NDOH. In the interest of justice, time sought granted. Accused is directed to bring surety of the above amount on NDOH. Notice u/s 251 Cr.P.C has been framed against the accused through Counsel as the accused is present through VC to which he pleaded not guilty and claimed trial. Plea of defence has been separately recorded and explained to the accused. -- 1 of 2 -- ..2.. Counsel for the accused has moved an oral application U/s. 145(2) NI Act. Same is considered and allowed in view of the fact that an opportunity for cross examination of the complainant is fit to be given to the accused u/s 145(2) NI Act. The need for filing a formal application u/s 145(2) NI Act stands dispensed with. This Court further does not deem it appropriate/desirable to try the case summarily since sentence for imprisonment exceeding one year may have to be passed, if the trial results in conviction, therefore, this case would be tried as summons trial case. Admission and denial of documents U/s. 294 Cr.P.C has been done. The accused does not deny the cheque or the signatures on the cheque. In view of the same, concerned witness in the list of witnesses filed by the complainant stands dropped. List the matter for CE on 01.03.2023. (Pankaj Rai) M.M.05 (NI Act) NDD/RAC 06.01.2023 -- 2 of 2 --
