Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CC NI ACT/1161/2023
NARESH KUMAR Vs YOGENDER KUMAR
BRAHMANAND GUPTA
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.
26.07.2024
Present : Ms Rubina, Ld. Proxy Counsel for complainant.
Sh. Ragvender, Ld. Counsel for bank witness alongwith bank witness Sh Sunil
Kumar, Branch In charge.
Matter is at the stage of consideration.
The concerned bank witness was called to provide the details regarding the
returning memo of the cheque in question. However repeatedly PF was filed for calling the
drawer bank instead of the drawee bank. The concerned bank official submits that he has
records of the drawer bank i.e. the accused and the return memo in question was issued by
Sector 5, Rohini Branch and it is the drawee bank only who can clarify with regards to issue in
the the return memo.
The main counsel of the Complainant is not present today at this stage, however
an opportunity is given to the Complainant to explain why repeatedly the bank official of the
drawer bank was called by way of filing the PF.
At request, matter be passed over to 12.00 pm.
(SHRUTI SHARMA II)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/26.07.2024
At 12.56,
Present : Ms Rubina, Ld. Proxy Counsel for complainant.
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Ld. proxy Counsel for the complainant submits that as the bank of both the
drawer and drawee were same therefore a confusion was caused and the bank official of drawer
bank was called instead of drawee bank.
Due to negligence of the Ld. Counsel for the complainant even NBWs were
issued against the concerned bank official of the drawer bank Sh Sunil Kumar.
Ld. Counsel for complainant has tendered his apology for the default.
They are directed to remain careful in future as personal liberty of any one cannot
be hindered without reasonable cause.
Bank official Sh. Sunil Kumar, Canara Bank, Branch Nangloi, stands discharged.
Let fresh summons be issued to drawee bank official on filing of PF within 7 days
from today.
Put up again on 20.11.2024.
(SHRUTI SHARMA II)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/29/07/2024
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