Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 11317-2022
SALEEM Vs. RAVINDER PANWAR
30.11.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using the
URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Dev Malya Ganguly, Ld. counsel for the complainant.
Sh. Vikas Kumar, Ld. counsel for the accused along with accused.
Arguments on application u/s 145(2) NI Act heard.
It is submitted by the Ld. Counsel for the accused that the accused owes no
liability towards the complainant and the complainant has misused the cheque in dispute. It is
further stated that the cheque was never issued to the complainant and in fact it was misplaced
against which accused has already filed a police complaint in PS Bawana on 29.07.2019. In the
conclusion, it is also submitted that the principles of natural justice calls for one opportunity to
be given to the accused to cross- examine the complainant.
Per contra, Ld. Counsel for the complainant, at the outset has raised objection
stating that the defence of the accused is an after thought else he could have filed the copy of
his police complaint with his application. He has also submitted that the application is de hors
any merit, hence, liable to be dismissed.
In rebuttal, Ld. counsel for the accused submits that he has the custody of the
police complaint and shall submit the same on NDOH.
Submissions heard. Documents perused. Perusal of the said application and the
record reveal that there are triable issues which can be determined only during the course of
trial. Furthermore, the amount of the cheque in dispute is at a higher side and also considering
the law laid down in Mandvi Cooperative Bank Ltd. v. Nimesh B. Thakore (2010) 3 SCC 83,
accused shall be granted an opportunity to establish his defence and to controvert the
allegations against him. At the same time, the Court is cognizant of the spirit of the order dated
16.04.2021 of the Hon’ble Supreme Court in In Re Expeditious Trial of Cases under Section
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/30.11.2023
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138 of NI Act in Suo Motu Writ Petition (Crl.) 2/2020, hence, in order to expedite the
proceedings, the accused shall be given only one opportunity to conduct the cross-examination
of the complainant on one date, without any adjournment. Hence, the application u/s. 145(2) NI
Act stands allowed.
In view of the above facts and circumstances, it is apparent that the present case is
not fit to be trial as a summary trial as punishment of more than one year may be required to be
imposed. Therefore, the case is converted from summary trial to summons trial. The application
is hereby disposed of.
The broad guidelines for the recording of evidence through the virtual mode have
been worked out and shall be shared with both the parties within one week from today. Both
sides in the present case have given their consent today for one IT Official/ Expert from the
Computer Branch to remain present during the recording of evidence on the next date of
hearing for technical assistance. As per the arrangement made between the Digital courts at
Patiala House Court, this Court has been allotted Wednesday and Thursday of every week to
use the Video Conferencing Room at Patiala House Court Complex (the designated place as per
the approval of Ld. Principal District and Sessions Judge, New Delhi District for recording of
evidence in Digital Courts at Patiala House Courts).
The matter be now fixed for 18.03.2024 at 2.00 p.m. for recording of evidence.
Parties in person with Counsels are directed to appear at the venue at least half an hour prior to
the time indicated. The Complainant will be cross examined on the date fixed.
PA is directed to do updation of the case and upload the order as per rules.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/30.11.2023
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