Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 90 CC NI ACT 8990-2022 REALTY ASSISTANT PVT LTD Vs. RAHUL MUKHERJEE -0
(Barakhamba Road Circle)
(Proceedings conducted through Video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi3.
14.02.2025
Pr: None for the complainant.
Ms Trisha Parashar Ld Counsel for the accused.
Put up for appearance of complainant at 12.00 pm.
At 12.00 pm
Pr: Sh Palash Ld. counsel for the complainant
Ms Trisha Parashar Ld Counsel for the accused alongwith accused.
Matter is fixed for CE. Learned counsel for the complainant request for an
adjournment for today, as due to the mistake of a junior counsel, he was under the
impression that the court is on leave and hence did not ask the witness to appear in the
court. It is to be noted that even on the last date of hearing an exemption was sought
sighting the unavailability of CW -1 that is the AR. Let a cost of Rs.2000 be imposed on
the complainant to be paid to the DLSA, PHC ND. Receipt of the same be filed by the next
date of hearing on the email ID of the court.
Last and final opportunity is granted to the complainant to lead CE failing which
an adverse view shall be taken. Counsel for the accused has filed an application for the
waiver of the cost. She submits that due to the mistake and belief of the court that the
accused is not present a cost of Rs.3000/- was imposed on the accused.
However, on perusal of the record, it appears that despite sufficient opportunities
bail bonds were not furnished by the accused and resultantly the cost was imposed on the
accused.
Another application seeking an exemption from filing the surety bond has been
filed on behalf of the accused. It is submitted that the accused is not able to furnish the
surety bond and his personal bond may be accepted by this court. It is further submitted
that the accused is not, evading from the process of law and undertakes to appear on
each and every date of hearing and fully cooperate with the court.
Submissions heard.
( NISHTHA MEHTANI)
JM 1st Class (NI Act) Digital Court-03
New Delhi, PHC-Delhi-14.02.2025
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Considering the totality of circumstances and the submissions made by the counsel
for the accused, taking a lenient view, the present application stands allowed. The
condition of furnishing, a sound surety is relaxed and the personal bond of the accused is
hereby accepted, however, with respect to the waiver of the cost on the last date of
hearing, at the request of the accused and in the interest of justice, the cost of Rs.3000/-
imposed on the accused on the last date of hearing stands reduced to Rs.1000/- to be
paid to the Advocate Welfare Fund, PHC, New Delhi.
Both the applications stand dis posed off.
Both the parties are strictly directed to be present in person on the next date of
hearing, failing, which, adverse view shall be taken.
Putup for CE 15.05.2025.
PA is directed to do updation of the case and upload the order as per rules.
( NISHTHA MEHTANI)
JM 1st Class (NI Act) Digital Court-03
New Delhi, PHC-Delhi-14.02.2025
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