Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 4206-2021
ROHIT KUMAR SHARMA Vs. PRADEEP JAIN
15.12.2022
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Ms. Shilpa Kaushik, Ld. Counsel for complainant along with
complainant.
None for accused.
The matter is listed for cross examination of the complainant under
Section 145 (2) of NI Act.
Vide order dated 05.11.2022, last and final opportunity was given to the
accused for cross examination of the complainant, subject to cost of Rs. 5,000/-.
It is already 4:00 PM.
Despite repeated calls none appeared on behalf of the accused.
Accordingly, right of the accused person to cross examine the complaint
under Section 145 (2) of NI Act is closed.
Ld. Counsel for complainant submits that accused person will not appear
even for recording his statement under Section 313 of Cr.P.C and his presence could
not be secured otherwise than taking coercive action against him.
In view of the submissions and the conduct of the accused by not
appearing before this court for cross examination of the complainant despite given
many opportunities. It appears to this court that his presence could not be secured
otherwise than by issuing bailable warrants against him.
Accordingly, issue bailable warrants against the accused in sum of
Rs. 20,000/- with one surety of like amount, and court notice to the surety
,through SHO concerned, for the next date.
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The SHO concerned is directed to effect the service of the warrants
positively and to make sure that the accused is physically present at Patiala
House Courts on the NDOH.
Bail already granted to the accused persons stands cancelled.
Re-notify for report on warrants/appearance of the accused/recording of
statement under Section 313 of Cr.P.C further proceedings on 28.01.2023 at 2.00 PM.
Both the parties are directed to appear physically at PHC, New Delhi.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-15.12.2022
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