Order 11

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 5807-2021 OXFORD UNIVERSITY PRESS INDIA Vs. RACHNA GUPTA -0
Proceedings conducted through video conferencing via Cisco Webex App.
26.09.2024
Present : Sh.Samir Tandon, Ld. Counsel for the complainant with AR.
Sh.Harish Kumar, ld. Counsel for the accused.
Accused Rachna Gupta is present.
Bail bonds furnished. Same are accepted and taken on record.
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.
(BHARTI BENIWAL)
JMFC (NI ACT) (DIGITAL COURT 01)
PHC NEW DELHI – 26.09.2024
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I have interacted with both the parties. There seems to be elements of
settlement. On joint submissions, the matter is referred to Mediation Cell to explore the
possibility of settlement for 14.10.2024 at 12 Noon. The details of the parties for the
purpose of Mediation are as follows:
Srl
No.
Party Details
1. Sh.Samir Tandon, Ld. Counsel for the
complainant with AR.
Email ID –
tandonsamir@yahoo.com
Whats app
no.9811265303
2. Sh.Harish Kumar, ld. Counsel for the
accused.
Email ID –
hlsinghassociates@gmail.com
Whats app no.-
9868551134.
Copy of this order be sent to the mediation center for necessary details and
further orders.
Put up for apprising the Court of the settlement/ consideration on bail/ further
proceedings on 07.11.2024.
(BHARTI BENIWAL)
JMFC (NI ACT) (DIGITAL COURT 01)
PHC NEW DELHI – 26.09.2024
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