Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 62 CC NI ACT 4193/2023
KESHABA RAUT Vs. DIWAKAR SWAIN /0 (North 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.
22.03.2025
Present: Sh. Kishor Shaklani, Ld. Counsel for complainant alongwith complainant.
Sh. C K Vaid, Ld. Counsel for accused.
Matter is listed for arguments on application u/s 145(2) of NI Act.
List of witnesses has been filed by the Ld. Counsel for complainant.
Exemption has been sought on behalf of the accused.
Ld. proxy Counsel for the accused submits that the accused is suffering from fever therefore he
is not able to join the court’s proceedings. No Medical documents have been filed. No cogent reason has been
provided for the absence of the accused even through VC.
Exemption is allowed for today subject to cost of Rs. 1000/- to be paid to the complainant on the
next date of hearing.
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 15.07.2025 at 12.30 pm.
Both the parties/counsels have expressed their willingness to appear at Work Station-01, Rohini
Court on the next date of hearing for recording of the evidence. They have been apprised of the fact that there is
no requirement of them appearing physically as the present court is a digital court. Despite the same, both the
parties request to appear at Work Station-01, Rohini Court.
(Garima Garg)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/22.03.2025
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