Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 CC NI ACT - 10140-2024
Grow Money Capital Private Limited Vs. Shapos Services Private Limited
05.11.2024
Proceedings conducted through video conferencing via Cisco Webex
App.
Present: Sh. H.N. Pandey, Ld. Counsel for complainant.
Sh. Raghav Raj, Ld. Counsel for accused no. 2 and 3 along with accused.
The Ld. Counsel for accused has provided a copy of order passed by
Hon’ble NCLT Bench Bengaluru. According to which accused no. 1 has gone into
insolvency. As per the settled law, proceedings against accused no. 1 are hereby
stayed.
Notice u/s 251 Cr.P.C framed against the accused no. 2 and 3. Notice has
been readover and explained to the accused no. 2 and 3 to which they pleaded not
guilty and claimed trial. Plea of defence of accused no. 2 and 3 has been recorded.
Accused no. 2 and 3 in their reply to the notice as well as statement
under section 294 has admitted that the cheque in question belong to them and that
same has been dishonoured. Therefore there is no need to examine bank witness at
serial no. 3 has mentioned in the list of witnesses filed by the complainant.
Accordingly he is dropped from the list of witnesses.
In view of the reply to the notice, I deem it fit to grant permission to the
accused to cross-examine the complainant under section 145 (2) N I Act.
Matter shall be listed for CE on 21.12.2024.
Both the parties are directed to appear physically at PHC, New Delhi on
the NDOH.
(Shivam Gupta)
Judicial Magistrate First Class
(NI Act) Digital Court-02
PHC, New Delhi
05.11.2024
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