Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 91 Ct Cases 1226/2024
Kamal Encon Industries Ltd Vs. Atharva Surgicals
14.05.2025
Present: Sh. Arvind Bhatt, Ld. Counsel for the complainant
(through VC).
Sh. Asheesh Kumar, Ld. Counsel for the complainant
alongwith AR.
Sh. Mukesh Chandekar, Ld. Counsel for accused no. 2, 3
& 4.
Accused no. 2 present in person.
Accused no. 4 present (through VC).
None for accused no. 5.
An application seeking exemption from personal
appearance on behalf of accused no.3 has been moved by counsel for
accused. Heard. Same is allowed only for today. Accused is directed to
be present on NDOH. Let medical documents of accused no.3 be
furnished by NDOH failing which cost of Rs. 2000/- shall be imposed
upon accused no.3 on NDOH.
Surety bonds qua accused no.2 yet to be furnished.
Notice u/s 251 Cr.P.C has been framed against the
accused no.1 & 2 to which they pleaded not guilty and claimed trial.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
14.05.2025
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Plea of defence has been separately recorded and explained to the
accused.
The accused no.4 has appeared through VC and has
expressed inability in appearing before the Court today physically and
she has further submitted that the notice against her be framed
through VC. In the interest of justice and taking a lenient view of the
matter, the prayer of the accused no.4 is accepted and the Court has
proceeded to frame notice against the accused no.4 through VC.
Ld. Counsel for the accused no.4 has moved an oral
application U/s. 145(2) NI Act. Same is considered and allowed in
view of the fact that an opportunity for cross examination of the
complainant is fit to be given to the accused u/s 145(2) NI Act. The
need for filing a formal application u/s 145(2) NI Act stands
dispensed with. This Court further does not deem it
appropriate/desirable to try the case summarily since sentence for
imprisonment exceeding one year may have to be passed, if the trial
results in conviction, therefore, this case would be tried as summons
trial case.
Admission and denial of documents U/s. 294 Cr.P.C has
been done. In view of the same, witness mentioned at Sr. No. 2, 3, 4
& 5 in the list of witnesses filed by the complainant stands dropped.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
14.05.2025
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None has appeared on behalf of accused no.5 since morning
despite repeated calls. Issue NBWs against accused no.5 through SHO
concerned without PF.
Copy of evidentiary affidavit of newly substituted AR
supplied to opposite side.
One last and final opportunity is granted to accused no.2 to
furnish his surety bonds.
List the matter for cross examination of AR of the
complainant / appearance of accused no.5 / furnishing of surety bonds
qua accused no.2 / framing of notice qua accused no.3 on 20.08.2025
at 11:30 AM.
Date is given as per convenience of both the parties.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
14.05.2025
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