Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 6077-2022, 3731-2022 & 3733-2022
MALIK LIFESCIENCES PVT LTD Vs.RAJESH KUMAR
05.08.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Arvind Jha, Ld. counsel for the complainant.
Sh. Gulshan Bhadana, Ld. counsel for the accused along with accused.
This is a consolidated order in all the above captioned matters.
Reply to application u/s 145(2) NI Act received on the e-mail ID of the court.
Same be taken on record.
Ld. counsel for the accused confirms receiving of a copy.
Arguments on the application heard.
It is submitted by the Ld. Counsel for the accused that some fo the goods
supplied by the complainant were already returned to them and some goods were never
supplied to the accused. It is further submitted that the accused never dealt with the
complaiant directly, rather he was dealing with Sh. Manu Khanna, Agent of complainant
company. The accused had given the cheque in dispute by way of security to the said agent
and it was not issued towards any payment. In the conclusion, it is also submitted that the
principles of natural justice calls for one opportunity to be given to the accused to cross-
examine the complainant.
Per contra, Ld. Counsel for the complainant submits that there was a
settlement between the parties and the agreement bears the signature of accused. The
acknowledgement/letter issued by the accused which is already on record clearly mentions
the cheques in dispute being given towards the outstanding liability. He further submits that
accused has admitted his signature on the cheques in dispute. He has also submitted that the
application is de hors any merit, hence, liable to be dismissed.
Submissions heard. Documents perused.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/05.08.2023
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Perusal of the said application and the record reveal that there are triable
issues which can be determined only during the course of trial. Also considering the law laid
down in Mandvi Cooperative Bank Ltd. v. Nimesh B. Thakore (2010) 3 SCC 83, accused
shall be granted an opportunity to establish his defence and to controvert the allegations
against him. At the same time, the Court is cognizant of the spirit of the order dated
16.04.2021 of the Hon’ble Supreme Court in In Re Expeditious Trial of Cases under Section
138 of NI Act in Suo Motu Writ Petition (Crl.) 2/2020, hence, in order to expedite the
proceedings, the accused shall be given only one opportunity to conduct the cross-
examination of the complainant on one date, without any adjournment. Hence, the
application u/s. 145(2) NI Act stands allowed.
In view of the above facts and circumstances, it is apparent that the present
case is not fit to be trial as a summary trial as punishment of more than one year may be
required to be imposed. Therefore, the case is converted from summary trial to summons
trial. The application is hereby disposed of.
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 08.11.2023 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/05.08.2023
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