Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27CC NI ACT/5113/2023
Ramesh Vs. Sunny/0 (Mangol Puri)
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.
05.10.2024
Present : Sh R K Mishra, Ld. Counsel for complainant.
Sh. Tarun Gulati alongwith Sh. Ritik Raj Chandra, Ld. Counsel for the accused
alongwith accused.
Fresh vakalatanam filed on behalf of the accused on court’s mail ID. Taken on
record.
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. 2,000/- with one surety of like amount.
Time is sought for furnishing of surety bonds. Let the same be filed within 10
days from today. Meanwhile, personal bonds of the accused be filed during the course of the
day on the court mail ID.
Ld. Counsel for the accused submits that he has received the copy of 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 24.03.2025 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/05.10.2024
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