Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 CC NI ACT 953/2023
PANKAJ JAIN Vs. VINAY KUMAR
(Model Town)
12.12.2024
Present: Mr. Avijit Negi, Ld. Counsel for complainant through VC.
Mr. Hemant Pathak, Ld. Counsel for accused through VC.
A separate notice for offence U/s 138 Negotiable Instruments Act has been
framed against accused and the contents of the notice has been explained to the accused
in vernacular, to which he pleaded not guilty and claimed trial.
Notice framed upon the accused be sent by way of email to Ld. Counsel for
accused. Same be deposited physically and digitally within seven days from today after
obtaining the signature of the accused. Same be uploaded on layers.
Statement of accused U/s 330 BNSS (294 CrPC) recorded, as per which
accused is not disputing the genuineness and preparation of specified documents during
the course of trial of the present case. In view of this, witness mentioned at Sr. No. 2
and 3 stand dropped from the list of witnesses.
Ld. Counsel for accused makes oral request to allow cross-examination of
the complainant by the accused.
Ld. Counsel for complainant submits that he has no objection to cross-
examination of the complainant.
It appears to the Magistrate that the nature of the case is such that a
sentence of imprisonment for a term exceeding one year may have to be passed and
considering the defence of the accused, detailed cross examination of the complainant is
required. Hence, case be tried as summons trial.
It is submitted by Ld. Counsel for accused that there exists an element of
settlement between the parties. On request of both the sides as well as their consent, the
matter is referred for mediation. Both sides are directed to remain available for
mediation on 15.01.2025 at 02.00 PM.
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Both parties are also directed to sign the mediation form at Digital Court,
Work Station Porta Cabin 5th Floor, Rohini Court, Delhi on the same day before 02:00
PM to send the same for Mediation.
In case the matter does not get settled, put up before Court for CE on
15.04.2025.
As per the convenience of both the parties CE shall be recorded in physical
mode in Court. Complainant is directed to be present in Court no. 106, New Building Tis
Hazari Court Complex.
(HIMANSHI TYAGI)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
12.12.2024
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