Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 2 CC NI ACT 7108/2023
CNH INDUSTRIAL INDIA PRIVATE LIMITED Vs SHIVAM AUTOMOBILES
Shubham Gupta
02.08.2025
Proceedings conducted through video conferencing on Cisco Webex platform using the
URL link https:--districtcourtsdelhi.webex.com-meet-ninewdelhi1
Present : Sh. Shubham Gupta, Ld. Counsel for complainant.
Sh. Vipin Kumar Sharma,Ld. Counsel for accused along with accused.
Heard on the point of framing of notice. Substance of allegations against the
accused has been explained to the accused no. 1,2 and 3 in vernacular. Notice under
Section 251 CrPC served upon the accused no. 1,2 and 3 to which the accused pleaded
not guilty and claimed trial and further disclosed their defence.
Statement of the accused recorded U/s 294 Cr.P.C. In terms of the
statement, the witness pertiaining to the compaliant bank and accused bank are not
examined.
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
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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 cross examination of the complainant on 09.12.2025.
Both the parties are directed to appear physically at remote point at Patiala
House Courts, New Delhi.
Ms. Shivangi Vyas
JMFC(NI ACT) /Digital Court-01
PHC, New Delhi
02.08.2025.
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