Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
CC NI ACT 3709-2021
AAS MOHD Vs. MD ASHFAQUE
25.08.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using the
URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Alamgir, Ld. counsel for the complainant
Sh. Md. Tahir Qidwai,Ld. counsel for the accused along with accused.
Mr. Sunil, Reader, in the court of Ms. Padma Landol, Ld. MM, NI (Digital
CourtNo. 3), New Delhi District, New Delhi appointed as Coordinator.
Sh. Raghav Sharma, Employee Code 95163704, P.A., permitted to be present
as Required Person.
The present matter has been fixed for evidence of DW-1 through the Virtual
Mode in the VC Room(digital courts) on the Ground Floor at Patiala House Courts for today
at 2 pm.
Ld. counsel for the accused has filed an application u/s 311 CrPC for recalling
the complainant. Same be taken on record. Copy supplied to the opposite side.
Ld. counsel for the complainant submits that he does not wish to file any reply
and shall straightaway address arguments. It is submitted by the Ld. counsel for the accused
that he now wishes to cross examine the complainant and inadvertently the earlier counsel for
accused had made a submission that she does not wish to cross examine the complainant.
Per contra, Ld. counsel for the complainant submits that the liability is already
admitted by accused and no reason has come forth for the cross examination of the
complainant.
Arguments heard. Application perused.
Ld. counsel for the accused has not given a single reason as to why the instant
application shall be allowed. He has orally submitted that the cheque in dispute was given by
way of security. It is noted that no plausible defence has been raised by accused either in his
plea of defence taken at the time of framing of notice u/s 251 CrPC or in the present
application. Further, even today, ld. counsel for the accused admits the advancement of the
loan in question by the complainant to accused and he has expressed his wishes to repay the
remaining amount by way of installments.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/25.08.2023
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Since, no plausible defence has come on record either by way of the present
application or by way of oral submission, there is no reason why the present application u/s
311 CrPC shall be allowed. Hence, the instant application is dismissed being devoid of merits.
The court now deems it fit to proceed further with the matter.
At this stage, the audio-video connectivity is smooth and there is no disruption
pointed out by either side. The meeting on Cisco Webex is now locked.
The Audio Video Recording of the evidence is hereby formally commenced
through Cisco Webex. The real time recording of the transcript is being displayed on the
screens at the Remote End (I) / Court Point (I) i.e. the VC Room, Court Point II (seat of the
undersigned).
Oath has been administered by the Coordinator.
The examination and cross examination of DW-1 has been completed only in
parts. Further cross examination has been deferred at the request of Ld. counsel for the
complainant.
The audio-visual recording of the evidence proceedings in encrypted form with
hash value (0e5dbe7fcb8adeef924ba3ba456f2261) has been preserved in a CD written by the
Technical Team at Patiala House Courts. The duration as reported is 22 minutes 56 seconds.
The same has also been preserved in a HardDisk to be kept in the safe custody
of the Ahlmad. As the size file of the recording is huge, the same cannot be emailed presently
to the parties. They are at liberty to apply for the copy of the same by moving an application,
which would be readily made available to them from the safe records in their own respective
storage devices by the Ahlmad. The transcript of the evidence has been signed by the
undersigned, witness, his counsel, coordinator and countersigned by the undersigned as per
rules. The copy of the same is being shared with both sides through email today.
Relist the matter now for further cross examination of DW-1 on 04.09.2023 at 2
PM. Date is being given as per the convenience of both sides.
PA is directed to do updation of the case and upload the order as per rules.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/25.08.2023
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