Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12CC NI ACT 2788/2023
SMT RASHMI MITTAL Vs. SMT RICHA SINGHLA @ RICHA BINDAL (Begum Pur)
Proceedings conducted online through Video Conferencing using CISCO WEBEX
Software.
09.05.2024
Present : Sh. Basant Gupta, Ld. Counsel for complainant.
Sh Ajit Singh, Ld. Counsel for the accused alongwith accused.
Matter is listed for consideration on notice and furnishing of surety bonds.
Bail bonds have been furnished. Same stands accepted and taken on record.
Put up for framing of notice at 12.00 pm.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/09.05.2024
At 12.22 pm
Present: None for the complainant.
Sh Ajit Singh, Ld. Counsel for the accused alongwith accused.
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 03.10.2024 at 12:30 PM.
The remarks on the return memo of the present complaint are “advise not
received”.
Let summons be issued to the concerned bank official on filing of PF within 7
days from today to appear before the court and explain the reason for return for cheque bearing
no. 669186 dated 04.05.2023 amounting to Rs. 7,24,000/-.
Both the parties/counsels are directed to appear at court’s work station i.e.
Room no. 310, work station no. 4 on the next date of hearing.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/09/05/2024
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