Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 58 CC NI ACT / 2782/2023
M/s Vital Home Care Vs. M/s Nitin Traders Through
Its Proprietor Sh Nitin Rastogi (Adarsh Nagar)
19.04.2025
(Proceedings conducted through Cisco Webex)
The undersigned is also working as Link of the court of
Ms. Himanshi Tyagi Ld. JMFC (NI Act) Digital Court no.1.
Present: Sh. Vikrant Arora, Ld. Counsel for the complainant alongwith
AR for the complainant.
Sh. Anuj Kumar Dhaka, Ld. Counsel for the accused
alongwith accused.
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.
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 witness at serial no. 2, 3 and 4 are dropped from the list of witnesses.
Further, in view of plea of defence raised, it is essential that the version of
complainant is subjected to the rigours of the cross examination for eliciting the
truth. Accordingly, accused is granted opportunity to cross-examine the complainant
u/s 145(2) NI Act.
Further, this Court does not deem it desirable / appropriate to try the case
summarily since sentence for imprisonment exceeding one year may have to be
passed if trial results in conviction.
Hence, this case would be tried as summons trial case.
It appears that there are elements of settlement in this matter. The
parties are, therefore, referred to Mediation Center for 02.05.2025 at 2.00p.m.
Both the parties are directed to report to Mediation Center on above
mentioned date at 2.00p.m. Any non-appearance in the Mediation Center shall
result in coercive measures by the court.
Both the parties are directed to appear at the workstation at Rohini
court and signed the mediation form within two days from today.
Put up for report on settlement/CE on 18.07.2025.
(PRIYANKA)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
19.04.2025
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