Order 4

Order Details: COPY OF ORDER
Pdf Text: 19 CC NI ACT 1530/2023
HARISH AGGARWAL Vs. BRAJESH
KUMAR PROP. BRIJ WALA (Adarsh Nagar)
16.10.2024
(Proceedings conducted through Cisco Webex)
“Case has been received by way of transfer from the Court of Ms. Himanshi Tyagi
Ld. M.M. NI Act Digital Court-01 (North) Rohini Courts, Delhi”.
Present: Sh. Harjeet Singh Sidhu, Ld. Counsel for the complainant.
Sh. Abhinav Kumar Singh, Ld. Proxy Counsel for the
accused.
Matter is listed for framing of notice.
In the opinion of this Court, there is prima-facie case against
the accused person for offence punishable under Section 138 N. I. Act and
the contentions of defence can only be decided by way of trial. Hence,
notice for offence punishable under Section 138 N. I. Act put to accused
person to which he pleaded not guilty and claimed the trial. Plea of defence
of accused side also recorded. The plea as was recorded was viewable to
both the parties via screen share. Ld. Counsel for the accused is directed to
furnish duly signed notice and plea of defence through email ID of the
court.
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 the Ld. counsel for complainant that he has no
objection, if the accused is granted the right to cross examine the
complainant without a formal application U/s 145(2) NI Act. The accused is
hereby granted the right to cross examine the complainant.
Admission/ denial of documents as per Section 294Cr.P.C. also
recorded and thereby witness at serial no. 2, 3 and 4 are dropped from the
list of witnesses.
Offence being bailable, accused is admitted to bail subject to
furnishing personal bonds and surety bonds in a sum of Rs. 10,000/-. Time
granted till the next date of hearing.
Put up for CE on 16.01.2025.
(Ankit Solanki)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
16.10.2024
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