Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 21CC NI ACT 1155/2023
TOTA RAM Vs. ANKIT KUMAR MISHRA/0 (Rohini)
Proceedings conducted online through Video Conferencing using CISCO WEBEX Software.
Counsels are directed to appear with Camera open.
Presence of the accused will not be marked if his or her video is off.
Learned Presiding Officer is also looking after Link work.
24.09.2024
Complainant is a senior citizen.
Present : Sh Yogender Singh, Ld. Counsel for complainant alongwith complainant.
Sh. Prashant Kumar, Ld. Counsel for the accused alongwith accused
Matter is listed for consideration on notice and recording of settlement.
Ld. Counsel for the complainant submits that the present matter alongwith two
other connected matters was settled in the mediation for a total sum of Rs. 15 Lac. The accused
was supposed to pay the first installment of Rs. 1.5 Lac however he has only paid Rs. 80,000/-.
Complainant submits that the accused is not making the payment as per the
settlement agreement and is deliberately evading the proceedings.
Ld. Counsel for the accused submits that he has received the copy of complaint.
Accused has time to make the payment as per the settlement agreement however
the matter will continue to proceed on merits and as and when the Complainant receives the
settlement amount as per settlement agreement the Complainant will withdraw the present
complaint.
Notice under Section 251 Cr.P.C. has been framed against the accused to which
he pleads not guilty and claims trial.
The scanned copy of the same has been received on court mail ID. Original
therefore be deposited in the court. Notice has been digitally signed by the undersigned and the
same would form part of the digital file.
Admission denial u/s 294 CrPC has been recorded separately and subsequent to
that witnesses at Sr. no. 2 and 3 from the list of witnesses in the complaint stands dropped.
Ld. Counsel for the complainant has no objection if accused is allowed to cross-examine the
complainant on the basis of oral application u/s 145 (2) NI Act.
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In view of the judgment/ order of the Hon’ble Delhi High Court in ‘Century
Alumunium Manufacturing Company Limited Vs. Hero Fincorp Limited, CRL. M.C. 3402/2021
dated 21.12.2021, and on account of defence disclosed in Notice framed u/s 251 CrPC, the plea
of the accused to cross-examine the complainant is hearby allowed.
Accordingly, accused is allowed to cross-examine the complainant on the next
date of hearing and the requirement of filing of formal application u/s 145 (2) NI Act is
dispenced off.
From now on this, summary trial is converted into summons trial and further
proceedings will be conducted in a summons trial manner.
Be put up for CE on 08.01.2025 at 12:30 PM.
Both the parties/counsels are directed to appear at court’s work station at
Rohini Court or at Court Room 103, New Building Tis Hazari Court, on the next date of
hearing. Both the parties have to be present at the same place out of the abovesaid options.
(SHRUTI SHARMA II)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/24.09.2024
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