Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 3 CA/58/2024
Rahul Dayal Vs. J S Rawat
PS Gokul Puri
09.05.2024
Present: Sh. Kamal Akhter, Ld. APP for the State.
Sh. Amit Kumar Singh, Ld. Counsel for the
appellant alongwith appellant.
TCR is received.
Perusal of the record reflects that till date the
appellant has not submitted the demand draft in favour of the
respondent/complainant in the sum of 20% of the fine amount.
Let, the same be filed on or before the NDOH.
On the LDOH, process sent to respondent was
received back unserved with the report that the respondent does
not reside at the given address.
Today, the process was also received back unserved
alongwith the similar report that no such person was found in
spite of best efforts.
It is submitted by the Ld. Counsel for the appellant
that the appellant does not have any other address of the
respondent.
Perusal of the TCR reflects that even in the memo of
parties in the complaint filed by the respondent/complainant
before the Ld. Trial Court, the same address has been mentioned.
The vakalatnama filed by the Ld. Counsels on behalf of the
respondent before the Ld. Trial Court does not have any address
of the respondent/complainant. The legal notice which was
exhibited before the Ld. Trial Court as Ex. CW1/6 also mentions
the same address of the respondent/complainant. The bank
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statement of the respondent which was exhibited as Ex. CW1/1
before the Ld. Trial Court also contains the same address.
Perusal of the TCR further reflects that, in the
evidence by way of affidavit tendered by the
respondent/complainant, Ex. CW1/A, the
respondent/complainant has wrongly mentioned his father’s
name and his address, and instead he has written the father’s
name and address of the appellant.
It seems that the respondent/complainant is
purposely avoiding execution of process against him and since
the appellant does not have any other address of the respondent
barring which is available in the TCR. Let, notice be issued to the
respondent through its counsels Sh. Archit Arora, Ld. Advocate
and Sh. Chand Gera, Ld. Advocate, having their Chambers at
Chamber no.85, Old Lawyers Chambers, Supreme Court of
India, New Delhi (Mob. No. 9871443380), on filing of PF within
3 days from today and let the process be also served Dasti.
Now to come up for appearance of the
respondent/complainant and consideration of the present appeal
on 31.05.2024.
(ATUL AHLAWAT)
ASJ (FTC)/North-
East/KKD Courts/
Delhi/09.05.2024
At 12.30PM
Present: Sh. Rajiv Sharma, Ld. Counsel for the respondent.
Fresh Vakalatnama filed on behalf of respondent Jai
Singh Rawat. Same is taken on record.
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Copy of the appeal petition and the documents
supplied to the Ld. Counsel for the respondent.
The orders for issuance of notice to the respondent
through its counsel is hereby recalled, since the respondent has
already entered his appearance through its counsel.
The Ld. Counsel for the respondent has been
apprised of the NDOH i.e. 31.05.2024.
(ATUL AHLAWAT)
ASJ (FTC)/North-
East/KKD Courts/
Delhi/09.05.2024
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4 SC 98/2018
STATE Vs. PARVEZ @ SHARIF
FIR No. 612 /2017
PS Seelam Pur
09.05.2024
Present: Sh. Kamal Akhter, Ld. APP for the State.
Accused Parvez @ Sarif, Khalid and Sobi Khan in
person.
Accused Gulfan @ Khan Sahab and Nadeem
produced from JC.
Today matter is fixed for PE.
Summons sent to PW SI Dinesh Kumar received back
duly served. Be awaited for his presence.
PW SI Dinesh Kumar has not appeared despite repeated
calls and waiting.
Let, bailable warrant be issued against witness PW SI
Dinesh Kumar in the sum of Rs. 5000/- and one surety of the like
amount to be executed through IO/SHO concerned.
PW Retd. Inspector Ram Avtar Tyagi was bound down
for today. However a request has been received on his behalf that he
had to travel for urgent work to Prayagraj, UP and he has requested
short accommodation.
Heard. Allowed only for today.
Let fresh summons be issued to PW Retd. Inspector Ram
Avtar Tyagi through IO/ SHO concerned for the next date of hearing.
Now to come up for PE on 16.07.2024.
(ATUL AHLAWAT)
ASJ (FTC)/North-
East/KKD Courts/
Delhi/09.05.2024
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