Order 2

Order Details: COPY OF ORDER
Pdf Text: 18 CC NI ACT 26493-2023
OM PRAKASH Vs. BILLO RANI
01.02.2024
Present: Mr. N. P. Singh, ld. counsel for complainant with
complainant.
Mr. Asharfi Lal, ld. counsel for accused with
accused.
Vakalatnama filed on behalf of accused, same is
taken on record.
Summons issued to accused received back duly
served. Accused acknowledges the receipt of copy of complaint
and supporting documents.
As the offence is bailable, accused is admitted to bail
on furnishing of personal bond in the sum of Rs. 15,000/- with
one surety in the like amount.
Personal bonds in the sum of Rs.15,000/- is
furnished. Same is accepted till the NDOH.
Accused is directed to furnish surety bond in the
like amount in the form of FDR / RC on the NDOH.
Notice u/s. 251 CrPC explaining the substance of the
accusation has been served upon the accused today to which he
has pleaded not guilty and has claimed trial.
Statement of accused u/s. 294 CrPC has also been
recorded. In view of the statement of the accused, ld. Counsel for
complainant has submitted that he does not wish to examine
witnesses at serial no. 2, 3 & 4, being formal witnesses. In view
of the statement of accused u/s. 294 CrPC and the submissions of
counsel for the complainant, three witnesses at serial no. 2, 3 &
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4 are hereby dropped from the list of witnesses furnished on
behalf of the complainant.
In view of the defence of the accused, ld. Counsel
for accused has made an oral application u/s. 145(2) NI Act and
has sought permission of this court to cross examine the
complainant. Submissions heard. In view of the submissions
made, application u/s. 145(2) NI Act is hereby allowed.
Since the conclusion of the trial might take more
than 06 months and also the fact that the accused might be
sentenced for more than 01 year, accordingly, I order that the trial
of this case be conducted as per the procedure laid down for trial
of summons cases.
Now to come up for CE on 18.04.2024.
(Neha Garg)
MM (NI Act)-02-PHC
NDD-ND-01.02.2024
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