Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 4067-2021
M/S BIGWIG FORTUNE PVT. LTD. Vs. M/S POINEER INFRASTRUCTURE
PVT. LTD.
27.01.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Sh. Neeraj Kumar Mishra, Ld. Counsel for complainant along with AR.
Sh. Rahul Yadav, Ld. Counsel for accused along with accused no. 1, 2
and 4.
None for accused no. 3.
Despite repeated calls none appeared for accused no. 3. It appears that
accused no. 3 is deliberately not appearing before this court and is wasting the time of
this court.
It appears to this court that presence of accused no. 3 could not be
secured otherwise than taking coercive action against him.
Accordingly, issue non-bailable warrants against the accused no. 3
through SHO concerned subject to filing of PF within 07 days by the
complainant.
Bail bonds qua accused no.2 and 4 are not filed till date.
Same to be filed within 7 days from today.
Physical copies of the same be furnished within due time.
Heard on the point of framing of notice. Substance of allegations against
the accused no. 1, 2 & 4 has been explained to the accused no. 1, 2 & 4 in vernacular.
Notice under Section 251 CrPC served upon the accused no. 1, 2 & 4 to which the
accused no. 1, 2 & 4 pleaded not guilty and claimed trial and further disclosed his
defence. The digital scanned copies of the impugned cheque, return memo and legal
demand notice were also shown to him.
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Statement of the accused no. 1, 2 & 4 recorded U/s 294 Cr.P.C. In terms
of the statement, witnesses mentioned at serial no. 2, 3, 4, & 5 of the list of
witnesses are hereby dropped.
The PDF of the Notices framed and statements recorded have been mailed to the
accused persons for affixing their signatures. They are directed to mail the scanned
and signed copies of the same to the official email id of the Court i.e.
ninewdelhi1@gmail.com, latest by tomorrow, 11 am.
Ld. Counsel for accused has orally requested to grant leave for cross
examination of the complainant. Arguments heard. It has been stated by the Ld.
Counsel for complainant that he has no objection if the accused is given opportunity
to cross examine the complainant. Considering the facts and circumstances of the
case as well as the defence taken to the notice u/s 251 CrPC, it appears that the
accused has a valid defence taken to make and in order to prove the same, cross
examination of the complainant witnesses is essential. Therefore, on the oral request
of the accused, plea of accused under Section 145(2) N.I. Act is allowed.
Considering the nature of the evidence, the cheque amount in question in
the present case, I am of the opinion that a sentence of imprisonment for a term
exceeding one year may have to be passed and it is undesirable to try the present case
summarily and therefore, the present case shall be tried as a summons case under
Chapter XX of the CrPC.
Put up for report on NBWs of accused no. 3/cross examination of the
complainant on 14.03.2023 at 2.00 PM.
Both the parties are directed to appear physically at remote point at
Patiala House Courts, New Delhi.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-27.01.2023
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