Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 32 CC NI ACT 369/2023 GUPTA SONS ENTERPRISES Vs. SIMRAN PHARMA /0
(Shahdara)
08.02.2024
Matter taken up through VC on CISCO Webex from Court room no. 408, New Building, KKD.
Present: Sh. Sunny Arora, Counsel for the complainant with complainant.
Sh. Jitender, proxy counsel for the accused with accused.
Matter received back from mediation as unsettled.
Ld. counsel for the accused has orally made a request under Section 145(2) NI
Act for cross-examining the complainant. Heard. Perused.
Ld. Counsel for the complainant has submitted that he has no objection to the
same.
Keeping in view the defence raised by the accused, I am of the considered
opinion that the cross-examination of the complainant is pertinent to facilitate the course of
justice.
This Court further does not deem it appropriate/desirable to try the case as a
summary trial, since sentence for imprisonment exceeding one year may have to be passed, if
the trial results in conviction, therefore, this case would be tried as summons trial case.
In view of the modalities explained, Reader-cum-Ahlmad is directed to email the
“High Court of Delhi Rules for Video Conferencing for Courts 2021" notified on
26.10.2021 and “The Guidelines/SOP evolved in compliance with the Project
Implementation Guidelines of 2020 for Digital NI ACT Courts in Delhi”, to the parties
which have been shared by the undersigned with the Reader-cum-Ahlmad. The said Rules and
Guidelines will be followed for the recording of evidence.
The parties are directed to carry their original Identity Card (Adhaar Cards, if not
available any other Government approved identity card along with photocopies of the same)
and appear at Court room no. 408, New Building, Karkardooma Courts. All the parties along
with the counsels are directed to be present in person on the next date of hearing at the
aforesaid designated place.
List for complainant’s evidence on 28.06.2024.
(Anmol Nohria)
MM (NI ACT) Digital
Shahdara/KKD/Delhi
08.02.2024
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