Full Order Text
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 -- 1 of 2 -- 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 -- 2 of 2 --
