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Interim Order 21

CNR DLND02098170202222 Oct 2024
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Interim Order 21 · 22 Oct 2024 · CNR DLND020981702022

Order Details: COPY OF ORDER
Pdf Text: 12 CC NI ACT 9901-2022 SEEMA NARAYAN Vs. UPENDRA JAIN -0 (PARLIAMENT
STREET CIRCLE)
Proceedings conducted through video conferencing via Cisco Webex App.
22.10.2024
Present : Sh.Lalit Narayan, Husband of the complainant.
Sh.Vijay Sharma, ld. Counsel for the accused.
Accused is absent.
Exemption application has been filed on behalf of the accused on the ground that he
has undergone an eye surgery. Same is allowed for today only.
It is submitted by the husband of the complainant that the matter has got settled for
an amount of Rs.6,00,000/-, out of which only Rs.75,000/- has been paid to the complainant and
that too after a lapse of 3 years.
I have perused the entire record. The parties were referred to mediation on
28.02.2023 and the matter got amicably settled there. However, accused did not make any
payment and the matter was listed for cross examination of the complainant as well as for
furnishing of surety bonds. However, the accused as well as his counsel made themselves
unavailable on 17.04.2023 and consequently, NBWs were issued against him. On 24.05.2023,
Sh.Vijay Sharma, counsel for accused had appeared and had ensured the court that the accused
would be available on the subsequent dates. On 30.06.2023, accused appeared before the court
and stated that they were made the first installment of Rs.1,50,000/- on 15.07.2023, however, on
15.07.2023, 15.09.2023, 03.11.2023, 11.01.2024, 01.02.2024 and 17.02.2024, accused did not
appear before this Court and NBWs were issued by the court. On 19.03.2024, accused Upender
Jain was produced from JC and bail was granted to him on his assurance that he would make
payment of Rs.6,00,000/- by 20.05.2024. However, accused made himself unavailable on the
subsequent dates. In my considered opinion, sufficient opportunities have been given to the
accused person to make the payment. No further opportunity can be given in the present matter.
(Bharti Beniwal)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 22.10.2024
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Relist the matter for cross examination of the complainant on 24.10.2024 at 10
AM.
It is hereby clarified that no further opportunity will be given to the accused side to
cross examine the witness.
(Bharti Beniwal)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 22.10.2024
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