Order 23

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1/2
40 CC NI ACT 3744/2021
AKUMS DRUGS AND PHARMACEUTICALS LTD Vs. ISKON AIR
FLOW SYSTEMS THROUGH PROPRIETOR
20.04.2026
Proceedings conducted through Hybrid Mode.
Present : Sh. Sushant Bali, Ld. counsel for complainant.
Sh. Suresh Sisodia alonwith Sh. Vikash Kumar Jha. Ld. counsel for
accused.
An application for summoning of witness, Mr. Anup Duklan, General
Manager of Complainant has been filed.
It is submitted that the proposed witness possess first hand information
of the transactions forming part of the present complaint. It is submitted that the
witness is well acquainted with the circumstances, of the case, isssuance of cheque,
dealings between the parties and subsequent events culminating in filing of this
case. It is submitted that his testimony is essential for the just adjudication of the
present case.
It is prayed that Mr. Anup Duklan be summoned as a witness for
examination.
Per contra, Ld. Counsel for the accused has opposed the present
application on the ground that, nothing new is to be proved by examining the
proposed witness, the name of the witness is not specifically mentioned in the list of
witnesses filed by the complainant, the application has been filed to delay the
present matter and the proposed witness is sought to be examined only to fill the
lacuna which was revealed during cross examination of the AR. It is prayed that the
application be dismissed for want of merit.
Submissions heard. Record perused.
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It is pertinent to note that the matter is at the stage of CE. I am of the
considered opinion that the complainant should get an opportunity to prove his case.
Accordingly, in the interest of justice, the present application stands allowed subject
to cost of Rs.2,000/- to be paid to the accused. Let cost be paid on the NDOH.
Mr. Anup Duklan, General Manager of Complainant be summoned on
filing of PF, returnable for NDOH.
List the matter for examination of Sh. Anup Duklan now on
04.08.2026.
(CHARAN SALWAN)
Judicial Magistrate First Class-01
New Delhi District : Patiala House Courts
New Delhi/20.04.2026
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