Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 42 CC NI ACT 1416/2023
VIKAS AGGARWAL PROPRIETOR AGGARWAL POLYMERS INDIA Vs. MS REEMA
PROPRIETOR SANYA ENTERPRISES /0 (Ashok Vihar)
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.
23.01.2025
Present: Ms Lakshita Bansal, Ld. Counsel for complainant.
Sh Kishor Sakrani, Ld. Counsel for the accused alongwith accused
(Time is sought by Ld. Counsel for accused for filing vakalatnama. Let the same
be filed during the course of the day)
This is the first appearance of the accused before the court. Offence under Section
138 NI Act being bailable in nature, the accused is admitted to bail on furnishing of bail bonds
with surety bonds for a sum of Rs. 5,00,000/- with one surety of like amount.
Time is sought for furnishing of surety bonds. Let the same be filed before the
next date of hearing. Meanwhile, personal bonds of the accused be filed during the course of
the day on the court mail ID.
Let copy of the complaint alongwith documents be supplied to the Ld. Counsel
for the accused through email ID/WhatsApp no.
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 could not be recorded as the list of witnesses has
not been filed.
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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.
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
dispensed 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 21.05.2025 at 12:30 PM.
At request both the parties/counsels are directed to appear at Court Room no. 103,
Tis Hazari Court ( New Building ) on the next date of hearing.
(Garima Garg)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/23.01.2025
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