Order 10

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.
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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
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