Order 12

Order Details: COPY OF ORDER
Pdf Text: 90 CC NI ACT 5143-2021 KARAN SINGH TANWAR Vs. KASIMUDDIN -0 (Parliament
Street)
Proceedings conducted through video conferencing on Cisco Webex platform using the
URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1.
20.07.2024
Present: Sh.N.K.Paswan, ld. Counsel for the complainant.
Sh.Ravi Ranjan, ld. Proxy counsel for accused with accused.
Heard on the point of framing of notice. Substance of allegations against the
accused has been explained to the accused in vernacular. Notice under Section 251 CrPC
served upon the accused to which the accused pleaded not guilty and claimed trial and
further disclosed his defence.
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.
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 27.07.2024 at 10 AM.
Both the parties are directed to appear physically at remote point at Patiala
House Courts, New Delhi.
(BHARTI BENIWAL)
JFCM-NI ACT (DIGITAL COURT 01)
PHC NEW DELHI – 20.07.2024
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