Order 22

Order Details: COPY OF ORDER
Pdf Text: 32 CC NI ACT 9901-2022
SEEMA NARAYAN Vs. UPENDRA JAIN
(PARLIAMENT STREET CIRCLE)
Proceedings conducted through video conferencing via Cisco Webex App.
24.10.2024
Present : Sh.Raghav Narayan, ld. Counsel for the complainant with complainant.
Accused is absent.
Sh.Vijay Sharma, ld. Counsel for the accused.
Exemption application has been filed on behalf of the accused person on the
ground that accused is unwell today and a prayer is made to stay the NBWs till NDOH.
At this stage, the court has requested Dr.Tara working in the Dispensary at
PHC to apprise the court about the contents of the medical documents filed by ld. Counsel
for the accused. Dr.Tara has stated that no medical history of the patient/accused has been
mentioned in the document. On perusal of the document dt.24.10.2024 merely shows that
accused is diabetic and some medicines have been prescribed to him. It is further stated
that it is nowhere mentioned that the accused is advised to remain on medical rest.
At this stage, ld. counsel for the accused has relied upon medical document
dt.03.06.2024, wherein it is seen that accused has undergone an eye surgery for cataract.
No further document has been filed to show that accused is on medical rest and cannot
appear on VC. No ground is made out to stay the NBWs issued against him, however, I
deem it fit to give one last opportunity to the accused to appear through VC.
The conduct of the accused person has been recorded in order sheet
dt.22.10.2024 and it was clarified that sufficient opportunities have been given to the
accused side to pursue the present matter diligently and last and final opportunity was
being given to cross examine the witness. Today also, adjournment is sought by ld.
Counsel without disclosing any reasonable ground. However, in the interest of justice, one
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 26.10.2024
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last and final opportunity is given to the complainant subject to cost of Rs.1000/-. Cost
paid.
CW1 is examined in chief and her cross examination is deferred.
Relist the matter for cross examination of CW1 on 29.10.2024 at 12 : 30 PM.
The date is given at convenience of ld. Counsel for the accused.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 26.10.2024
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