Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: Case No. 1579/2023
Gurminder SIngh Vs. M/s Nand Kishore Malhotra and Co.
14.10.2023
Present: Ms. Ayushi Aggarwal, Ld. Counsel for complainant along
with complainant.
Sh.Pallav Gupta, Ld. Counsel for accused along with
accused.
Fresh vakalatnama has been filed by the counsel for
accused. Same is taken on record.
Considering the overall facts and circumstances of the
case, accused is admitted to Court bail on furnishing his personal bond
in the sum of Rs. 75,000/- with one surety of like amount. Surety bond
furnished. Considered and same are accepted.
Notice u/s 251 Cr.P.C has been framed against the
accused to which he pleaded not guilty and claimed trial. Plea of
defence has been separately recorded and explained to the accused.
Counsel for the accused 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.
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Admission and denial of documents U/s. 294 Cr.P.C has
been done. The accused does not deny the cheque or the signatures on
the cheque. In view of the same, witness mentioned at Sr. No. 2 & 3 in
the list of witnesses filed by the complainant stands dropped.
At this stage, an application has been moved on behalf of
the complainant u/s 143A N.I. Act seeking payment of interim
compensation from the accused. Copy supplied.
Let the reply be furnished by the accused to the aforesaid
application on NDOH with advance copy to the opposite party.
List the matter for arguments and for filing reply, if any
on aforesaid application on 10.01.2024.
(Pankaj Rai)
M.M.-05 (NI Act) NDD/RAC
14.10.2023
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