Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 57 CC NI ACT 833/2023
PRABHAT AGARWAL PROP. OF M/S
AGGARWAL INDUSTRIES Vs. M/S TINKU
ENTERPRISES THROUGH ITS PROP MR.
TINKU JHA
/0 (Rani Bagh)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
24.03.2025
Present: None for complainant.
Sh. Nikhil, Ld. Counsel for accused in person.
Accused absent.
Passover sought by Ld. Counsel for accused as the accused is coming to
the court physically for furnishing surety bonds.
Put up in recall.
At 1:01 PM, Matter taken up in recall.
Present: None for complainant.
Sh. Manik Dhingra and Sh. Nikhil, Ld. Counsel for accused alongwith
accused in person.
Surety absent.
Complainant has not appeared since morning.
Surety bonds not filed till date. It is submitted by Ld. Counsel for
accused that since the accused is a resident of Bihar and has no known person in
Delhi, hence it is not possible for the accused to arrange for a surety in Delhi.
Considering the submissions made, it is made clear that the accused is at
liberty to arrange for a surety from his native village at Bihar. Surety bonds be
furnished before NDOH positively. However it is made clear that the surety has to
appear through VC.
Personal bonds and surety bonds be furnished before NDOH.
Matter is at the stage of framing of notice u/s 251 CrPC.
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Cost of Rs. 1000/- imposed on the complainant not paid till date.
The accused has come from Bihar physically today for the purpose of
framing of notice. Hence, this court does not deem it appropriate to wait further for
the complainant for framing notice upon the accused.
For non appearance today, the complainant is burdened with cost of Rs.
2000/- (to be paid to accused).
Notice u/s 251 Cr.PC has been framed against the accused. Accused
pleads not guilty and claims trial. Admission/denial of document u/s 294 Cr.PC done.
Witness no. 2 and 3 stands dropped from the list of witnesses. Signed notice received
back.
This court further does not deem it appropriate to try the case summarily
since sentence for imprisonment exceeding one year may have to be passed, if trial
results in conviction, this case would be tried as summons trial case.
Ld. Counsel for accused submits that he shall file an application u/s
145(2) NI Act. Be filed during the course of the day. Advance copy be supplied to
opposite counsel before NDOH.
Put up for arguments on application u/s 145(2) NI Act on 05.08.2025.
It is made clear that no adjournment shall be granted for the purpose of
filing application u/s 145(2) NI Act.
(Parul Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/24.03.2025
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