Order 5

Order Details: COPY OF ORDER
Pdf Text: CC No.9471/2024Tinku Gupta Vs. Ashok Thapa
26.10.2024
Matter taken up through hybrid hearing.
Present : Sh. Daljeet Dhiman, Ld. Counsel for the
complainant alongwith complainant through VC.
Accused in person with proxy counsel Sh. Daleep
Singh.
Time is sought for filing fresh vakalatnama on
behalf of the accused. Let the same be furnished on the NDOH.
Since the offence u/s. 138 NI Act is bailable in
nature, the accused is hereby released on bail on furnishing of
personal bond in the sum of Rs. 10,000/- with one surety of like
amount. Personal Bond furnished. Same is accepted till NDOH
and accused is directed to produce a sound surety on the NDOH.
Notice u/s. 251 Cr.P.C. explaining the substance of
the accusation has been served upon the accused today to which
he has pleaded not guilty and has claimed trial.
Statement of accused u/s. 294 Cr.P.C. has also been
recorded. In view of the statement of the accused, ld. Counsel for
the complainant has submitted that he does not wish to examine
witnesses at serial no. 2 & 3, being formal witnesses. In view of
the statement of the accused u/s. 294 Cr.P.C. and the submissions
of counsel for the complainant, witnesses at serial no. 2 & 3 are
hereby dropped from the list of witnesses furnished on behalf of
the complainant.
Ld. Counsel for the accused made an oral
application u/s. 145(2) NI Act and has sought permission of this
court to cross examine the complainant. Ld. Counsel for the
complainant has not objected to the same. Arguments heard. In
view of the submissions made, application U/s 145(2) is hereby
allowed.
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Since the conclusion of the trial might take more
than 06 months and also the fact that the accused might be
sentenced for more than 01 year, accordingly, I order that the trial
of this case be conducted as per the procedure laid down for trial
of summons cases.
Put up for CE/furnishing of surety bond on
09.01.2025.
(Poonam Singh)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/26.10.2024
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