Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 10 CC NI ACT 7493-2023 M-S RAM SARAN DASS AND COMPANY Vs. VIKRAM
WASANDI_PROPRIETOR -0 ()
Proceedings are conducted through Video Conferencing.
05.04.2025
Present : None for the complainant.
Sh.Sameer Ahmad, ld. Counsel for the accused with accused. (VC).
Heard on the point of framing of notice. Substance of allegations against the accused
has been explained to the accused in vernacular. The notice, cheque in dispute and the legal
demand notice were shared with the accused by sharing the screen. The accused as well as his
counsel could see the documents and answered the questions.
Notice under Section 251 CrPC served upon the accused to which the accused
pleaded not guilty and claimed trial and further disclosed his defence. The digital scanned copies of
the impugned cheque, return memo and legal demand notice were also shown to him.
Statement of the accused recorded U/s 294 Cr.P.C. In terms of the statement,
witnesses mentioned at serial no. 2, 3 & 4 of the list of witnesses are hereby dropped.
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 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 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 28.05.2025.
Both the parties are directed to appear physically at remote point at Patiala House
Courts, New Delhi.
(BHARTI BENIWAL)
Judicial Magistrate First Class (NI Act)
Digital Court-01, Patiala House Courts-05.04.2025
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