Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 72 CC NI ACT 1594/2023
AARUSHI MANGLA GUPTA Vs. M/S JAI
AMBEY MARBLE (NARELA)
24.05.2025
(Proceedings conducted through Cisco Webex)
Present: None for the complainant.
Sh. Anil Pruthi d. Counsel for the accused alongwith 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.
Admission/ denial of documents as per Section 294Cr.P.C. also
recorded and thereby formal witnesses at serial no. 2 & 3 are dropped from
the list of witnesses.
Considering the fact that no plausible defence has been taken by the
accused pursuant to framing of notice and as no cogent material is available
with the accused to be put to the complainant in cross-examination, this is
not a fit case where an opportunity must be given suo moto to the accused
for cross-examination u/s 145(2) NI Act. Further, since the issuance of
cheque, signatures on the cheque, receipt of legal notice, liability to the
extent of cheque amount is already admitted, there is no triable issue on
which evidence is required to be led. Accordingly, matter is tried summarily.
Put up for recording of substance of evidence on 23.07.2025.
(PRIYANKA GARTAN)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
24.05.2025
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