Full Order Text
Interim Order 6 · 10 Feb 2025 · CNR DLND020235562023
Order Details: COPY OF ORDER Pdf Text: 65 Ct Cases 2381/2023 AMAZING RESEARCH LABORATORIES LIMITED Vs. DEEPAK BISWAL 10.02.2025 Present: Sh. Aruni Poddar, Counsel for complainant (through VC). Sh. Sarat Behera, Counsel for the accused. Accused present (through VC). An application for substitution of AR of the complainant moved by Ld. Counsel alongwith board resolution dt. 21.11.2024. Heard. Documents perused. Application is allowed. Let Sh. Sarabpreet Singh be substituted as the new AR of the complainant company and all the other previous ARs be relieved as AR. Ld. Counsel has filed evidentiary affidavit of the newly substituted AR and CW-2 Arjun Sharma. Same be taken on record. Let copy of the same be supplied to opposite side by NDOH. The accused has appeared through VC and has expressed inability in appearing before the Court today physically and he has further submitted that the notice against him be framed through VC. In the interest of justice and taking a lenient view of the matter, the prayer of the accused is accepted and the Court has proceeded to frame notice against the accused through VC. (Nishi Jindal) Judicial Magistrate First Class (NI Act)-05/NDD/RACC 10.02.2025 -- 1 of 2 -- ..2.. Notice u/s 251 Cr.P.C has been framed against the accused (through VC) 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. Admission and denial of documents U/s. 294 Cr.P.C has been done. In view of the same, witness mentioned at Sr. No. 3, 4, 5 & 6 in the list of witnesses filed by the complainant stands dropped. At this stage, Counsel for accused seeks time to furnish bail bonds. Let the same be furnished positively by NDOH. Put up for cross examination of CW-1 / furnishing of bail bonds on 21.04.2025. Date is given as per convenience of both the parties. (Nishi Jindal) Judicial Magistrate First Class (NI Act)-05/NDD/RACC 10.02.2025 -- 2 of 2 --
