Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 37. CC NI ACT 6310-2022
SHASHI ASSAL Vs. M/S SAMPATTI TRADING AND
DEVELOPERS
24.08.2023
Present: Complainant in person.
Sh. Mahesh Kumar, ld. LAC for accused.
Matter is today listed for framing of notice, however,
accused is not present as he is in JC in other connected matter
and not produced from JC.
Let production warrant of accused be issued
returnable on 04.09.2023 at 2:00 pm.
(Sahil Khurmi)
MM (NI Act)-02-RADC
NDD-ND-24.08.2023
At 3:00 pm
At this stage, accused produced from JC.
As the offence is bailable, accused is admitted to bail
on furnishing of personal bond in the sum of Rs.5,000/- with one
surety in the like amount. Accused is directed to furnish bail
bond on NDOH.
Notice u/s. 251 CrPC explaining the substance of the
accusation has been served upon the accused no.1 and 2 today to
which he has pleaded not guilty and has claimed trial.
Statement of accused u/s. 294 CrPC has also been
recorded. In view of the statement of accused u/s. 294 CrPC,
three witnesses at serial no. 2, 3 & 4 are hereby dropped from
the list of witnesses furnished on behalf of the complainant
qua both the accused.
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In view of the defence of the accused, ld. Counsel
for accused has made an oral application u/s. 145(2) NI Act and
has sought permission of this court to cross examine the
complainant. Submissions heard. In view of the submissions
made, application u/s. 145(2) NI Act is hereby allowed.
Since the conclusion of the trial might take more
than 06 months and also the fact that the accused might be
sentenced for more than 01 year, accordingly, I order that the trial
of this case be conducted as per the procedure laid down for trial
of summons cases.
Now to come up for CE on 04.09.2023 at 2:00 pm.
Date and time has been given as per convenience of
the counsel /party. Any default, shall be viewed strictly.
(Sahil Khurmi)
MM (NI Act)-02-RADC
NDD-ND-24.08.2023
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