Interim Order 11

Order Details: COPY OF ORDER
Pdf Text: 53 CC NI ACT 44-2022 SHRI BHOPENDER PAL SINGH Vs. SHRI MANDEEP SINGH
BINDRA -0 (Tilak Marg)
Proceedings conducted through video conferencing via Cisco Webex App.
21.09.2024
Present : Sh.Anuj Jain, ld. Counsel for the complainant.
Sh.Narender Babu, ld. Counsel for the accused.
Accused is absent.
Ld. Counsel for the accused is not audible.
Despite directions, ld. Counsel for the accused has not switched on his camera.
Pass over till 11 AM.
At 12 : 20 PM.
Present : Sh.Anuj Jain, ld. Counsel for the complainant.
Sh.Narendra Babu, ld. Counsel for the accused.
Accused is present.
Cost imposed upon the accused not paid till date.
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.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 21.09.2024
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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 26.10.2024.
Both the parties are directed to appear physically at remote point at Patiala House
Courts, New Delhi.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 21.09.2024
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