Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 4114-2021
VIRENDER VERMA Vs. ANAND ULTIMA
29.11.2022
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Neeraj Anand, Ld. counsel for the complainant.
Sh. Sameer Bhatnagar, Ld. counsel for the accused along with accused.
Accused submits that he was in JC on the LDOH due to which he could not
appear. It is noted that surety bonds are still not furnished.
Ld. counsel for the accused requests for 3 days time to furnish the same. Heard
and granted, subject to payment of cost of Rs.2,000/- to be paid to the complainant
forthwith.
At this stage, cost is stated to have been paid.
Matter is listed for framing of notice u/s 251 Cr.PC and further proceedings.
Notice u/s 251 Cr.PC has been framed against the accused to which he pleaded
not guilty and claimed trial. While framing of notice u/s 251 Cr.PC the court shared its
screen via Cisco Webex and showed the cheque in dispute and other documents to the
accused.
Ld. counsel for the accused submits that he wishes to move an application u/s
145(2) of the NI Act by the next date of hearing. Ld. counsel for the complainant submits
that he has no objection if the oral application is allowed. In view of the submission, the oral
application u/s 145(2) NI Act is allowed. This court does not deem it appropriate to try the
case summarily since the 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.
The broad guidelines for the recording of evidence through the virtual mode
have been worked out and shall be shared with both the parties within one week from today.
Both sides in the present case have given their consent today for one IT Official/ Expert
from the Computer Branch to remain present during the recording of evidence on the next
date of hearing for technical assistance. As per the arrangement made between the Digital
courts at Patiala House Court, this Court has been allotted Wednesday and Thursday of
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every week to use the Video Conferencing Room at Patiala House Court Complex (the
designated place as per the approval of Ld. Principal District and Sessions Judge, New
Delhi District for recording of evidence in Digital Courts at Patiala House Courts).
The matter be now fixed for 04.05.2023 at 2.00 p.m. for recording of
evidence. Parties in person with Counsels are directed to appear at the venue at least half an
hour prior to the time indicated. The Complainant will be cross examined on the date fixed.
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/29.11.2022
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