Interim Order 23

Order Details: COPY OF ORDER
Pdf Text: 68 CC NI ACT 9901-2022 SEEMA NARAYAN Vs. UPENDRA JAIN -0 (PARLIAMENT
STREET CIRCLE)
Proceedings conducted through video conferencing via Cisco Webex App.
29.10.2024
Present : Sh.Raghav Narayan, ld. Counsel for the complainant with complainant.
Ms.Pratiksha, Intern for Sh.M.C.Vashisth, Adv.
Ms.Pratiksha, Intern for Sh.M.C.Vashisth, Adv. Has appeared and filed exemption
application on behalf of accused Upender Jain. Upon being asked, it is submitted by Ms.Pratiksha
that Sh.M.C.Vashisth is the Proxy for Sh.Vijay Sharma, ld. Counsel. It is pertinent to note that the
Proxy counsel who has drafted the said application has not even bothered to appear in the court
physically or on cisco webex. No memo of appearance has been filed with the application. Be that
as it may, the court is of the view that technical consideration may be overlooked and the contents
of the application be considered.
It is stated in the application that on account of eye related issues, accused is unable
to appear before the court. One prescription has also been filed. In view of the contents of the
application and documents filed, application from personal appearance of accused Upendra Jain
stands allowed.
Matter is listed for cross examination of CW1. Intern Ms.Pratiksha seeks
adjournment on the ground that Sh.Vijay Sharma, main counsel has not appeared.
The conduct of the accused side has been recorded in order sheet dt.22.10.2024 and
24.10.2024. On 24.10.2024, the counsel for accused sought adjournment disclosing any ground.
However, a lenient view was taken and last and final opportunity was given to Sh.Vijay Sharma,
Adv. to cross examine complainant. The date and time was given at convenience of ld. counsel for
the accused and the said fact was also mentioned in the order sheet. In the present matter, the
notice underSection 251 CrPC was served upon the accused on 01.12.2022 and even after a gap
of 1 year and 11 months, ld. Counsel for accused has not cross examined the witness. No further
opportunity can be given to the accused side in the present matter. The right to cross examine the
witness stands closed.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 29.10.2024
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List the matter for Statement of accused on 07.11.2024.
Keeping in mind the medical issues of the accused, he is permitted to join the VC at
2 PM for recording his statement.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 29.10.2024
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