Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 4319-2021
M/S GREENORB TRAVEL LIMITTED Vs. M/S COLORFUL VACATIONS
PRIVATE
LIMITTED
02.06.2022
Proceedings conducted through video conferencing on Cisco Webex platform using the
URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Mr. Anil Rakhra, Ld. Counsel for complainant.
Mr. Chandrashekhar, Ld. counsel for the accused alongwith accused no.
2.
It is jointly submitted that mediation has failed.
Put up for framing of notice at 12.00 noon.
(Padma Landol)
MM (NI Act), Digital Court-03
PHC/New Delhi/02.06.2022
At 12.00 noon
Present: Mr. Anil Rakhra, Ld. Counsel for complainant alongwith AR.
Mr. Chandrashekhar, Ld. counsel for the accused alongwith accused no.
2.
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.
Admission and denial of documents u/s 294 Cr.PC has also been
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conducted. Separate statement of the accused recorded and duly signed statement of the
accused also received back and the same is placed on record.
At this stage, vide separate statement of the complainant, the complainant
has adopted the pre-summoning affidavit as post summoning evidence, duly signed
statement of the complainant is received and same is placed on record.
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 application is allowed. In view of the submissions,
the oral application U/s 145 (2) NI Act stands allowed.
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 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 27.08.2022 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
PHC/New Delhi/02.06.2022
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