Order 8

Order Details: COPY OF ORDER
Pdf Text: 52 CC NI ACT 11122-2022 GULAB SINGH Vs. JAVINDER PANWAR -0 ()
Proceedings are conducted through Video Conferencing.
17.03.2025
Present : Ms.Jyoti Sharma, ld. Proxy counsel for the complainant with complainant.
(VC).
Sh.Rajan Sharma, ld. Counsel for the accused with accused (VC).
It is submitted by ld. Counsel for the accused that an application under Section
91 CrPC for obtaining the CDR/CAF of phone number of complainant and accused has
been filed. Let the reply, if any, be filed on the NDOH with an advance copy to the opposite
side.
Heard on the point of framing of notice. Substance of allegations against the
accused has been explained to the accused in vernacular. The notice, cheque in dispute and
the legal demand notice were shared with the accused by sharing the screen. The accused as
well as his counsel could see the documents and answered the questions.
Notice under Section 251 CrPC served upon the accused to which the accused
pleaded not guilty and claimed trial and further disclosed his defence. The digital scanned
copies of the impugned cheque, return memo and legal demand notice were also shown to
him.
Statement of the accused recorded U/s 294 Cr.P.C. In terms of the statement,
witnesses mentioned at serial no. 2, 3 & 4 of the list of witnesses are hereby dropped.
The PDF of the Notices framed and statements recorded have been mailed to
the accused persons for affixing their signatures. They are directed to mail the scanned and
signed copies of the same to the official email id of the Court latest by tomorrow, 11 am.
Ld. Counsel for accused has orally requested to grant leave for cross
examination of the complainant. Arguments heard. It has been stated by the Ld. Counsel for
complainant that he has no objection if the accused is given opportunity to cross examine
the complainant. Considering the facts and circumstances of the case as well as the defence
taken to the notice u/s 251 CrPC, it appears that the accused has a valid defence taken to
make and in order to prove the same, cross examination of the complainant witnesses is
(Bharti Beniwal)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 17.03.2025
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essential. Therefore, on the oral request of the accused, plea of accused under Section
145(2) N.I. Act is allowed.
Considering the nature of the evidence, the cheque amount in question in the
present case, I am of the opinion that a sentence of imprisonment for a term exceeding one
year may have to be passed and it is undesirable to try the present case summarily and
therefore, the present case shall be tried as a summons case under Chapter XX of the CrPC
Put up for cross examination of the complainant on 25.04.2025.
Both the parties are directed to appear physically at remote point at Patiala
House Courts, New Delhi.
(Bharti Beniwal)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 17.03.2025
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