Order 3

Order Details: COPY OF ORDER
Pdf Text: 73 CC NI ACT - 30637-2023
Tanuj Panwar Vs. Tushar Gupta
09.04.2024
Present: Mr. Harmeet Singh, Ld. Counsel for the complainant
with complainant.
Mr. Sumit Sharma, Mr. Raunak Karanpuria and Mr.
Mohit, Ld. Counsels for the accused with accused
with sureties.
Vakalatnama filed on behalf of accused, taken on
record.
Accused acknowledges the copy of complaint.
As the offence is bailable, accused is admitted to bail
on furnishing of personal bond in the sum of Rs.1,00,000/- with
two sureties in the like amount.
Bail bonds in the sum of Rs.1,00,000/- with two
sureties in the like amount are furnished. Same are accepted.
FDRs retained. The concerned bank be intimated not to
release the amount of FDR till further orders.
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.8 & 9, being formal witnesses. In view of
the statement of accused u/s. 294 CrPC and the submissions of
counsel for the complainant, two witnesses at serial no. 8 & 9 are
hereby dropped from the list of witnesses furnished on behalf of
the complainant.
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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 15.07.2024 at 2:00 pm.
(Neha Garg)
MM (NI Act)-02-PHC
NDD-ND-09.04.2024
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