CC No. 531/1/16 & 534/6/16 BRM Lease & Credit Pvt. Ltd. Vs. Rajesh Chhabra

Transcription

1 CC No. 531/1/16 & 534/6/16 BRM Lease & Credit Pvt. Ltd. Vs. Rajesh Chhabra Fresh complaint case U/Sec.138 NI Act is received by way of assignment. It be checed and registered. Present: Counsel for the complainant. As per previous ordersheet, the matter is received by way of transfer from the Saet Courts and is at the stage of issuance of summons against the accused. Let, summons be issued against the accused as per order dated , returnable on

2 State Vs. Balbir Singh FIR No. 500/2014 PS Tila Marg U/Sec. 279/338 IPC An application for cancellation of endorsement on the RC of vehicle bearing No.DL-4CP-2295 of the applicant Mohinder Singh is filed. Present: Ld. APP for the State. Applicant Mohinder Singh in person. Sh. Balraj Kaushi, Sr. Judicial Assistant, Record Room (Criminal), Patiala House Courts, New Delhi. Vide separate statement recorded today in the Court of Sh.Balraj Kaushi, Sr. Judicial Assistant, Record Room(Criminal), Patiala House Courts, New Delhi, the case file of case FIR No.500/2004 PS Tila Marg titled as State Vs. Balbir Singh has already been destroyed and relevant page bearing Entry No.210 of the Goshwara Register has been exhibited as Ex.P-1. Heard. Record perused. Considering the overall facts and circumstances of the case and that as per the endorsement, the applicant had stood surety for the accused Balir Singh in the present FIR and matter has already been disposed of and case file has already been destroyed, therefore, the present application is allowed. Let, the endorsement on the RC of the applicant Mohinder Singh be cancelled as per rules. Application is accordingly disposed of. Copy of the order be given dasti to the applicant Mohinder Singh.

3 CC No. 53/1/14 Gopal Krishan Vs. Sanjay Dudani & Anr. Present: Complainant with counsel. Case was fixed today for orders on the point of summoning. However, fresh Vaalatnama is filed on behalf of the complainant and the newly engaged counsel sees some time for maing certain submissions on the point of summoning after inspecting the case file. Considering the same, put up for arguments on the point of summoning on

4 FIR No. 281/2014 PS Tila Marg File is taen up on filing of an application for release of RC of vehicle bearing No.HR Present: Ld. APP for the State. None for the applicant. As per previous order-sheet a similar application stating that the RC is lying in Malhana of PS Tila Marg was disposed of vide order dated However, considering that the RC is on record/judicial file, therefore, order dated is modified to the extent that RC be released to the applicant on furnishing superdaginama in the sum of Rs.5,000/- to the satisfaction of the trial Court, against due receipt. Copy of the same be retained on record. Application stands disposed off. Copy of this order be given dasti to the applicant.

5 CC No. 533/06/16 M/s Shree Krishna Enterprises Vs. m/s Maruti Electronics Fresh complaint case U/Sec.138 NI Act is received by way of assignment. It be checed and registered. Present: None. As per previous ordersheet, the matter is received by way of transfer from the Saet Courts and is at the stage of issuance of summons against the accused. Let, summons be issued against the accused as per order dated , returnable on

6 CC No. 530/2/16 Madura Coats (P) Ltd. VS. Asho Sareen Fresh complaint case U/Sec.138 NI Act is received by way of assignment. It be checed and registered. Present: Counsel for the complainant. Accused in person. As per previous ordersheet, the matter is received by way of transfer from the Karardooma Courts and is at the stage of CE. Let, put up for CE on

7 Ex. No. 22/15 PS Sarojini Nagar Anita Vs. Randhir Singh Rana The file is received bac from Daily Continuous Lo Adalat after settlement of dispute between the parties. Present: None. Since the matter has already been settled between the parties and disposed of vide order dated by the Ld. Daily Continuous Lo Adalat, so the file be consigned to Record Room after due compliance.

8 FIR No. 878/15 PS Vasant Kunj (North) Fresh charge-sheet filed today. It be checed and registered. Present: Ld. APP for the State. IO HC Shailender Kumar in person. Heard. Charge-sheet perused. I tae cognizance of the offence as mentioned in the charge-sheet. Considering the overall facts and circumstances of the case, there is sufficient material on record to summon all the accused persons. It is stated that accused Hargovind is in JC and accused Bhagwan Dass and Panna Lal are on police bail. Therefore, let, production warrants be issued against accused Har Govind through Superintendent of Jail for Let, summons be issued against accused Bhagwan Dass and Panna Lal and notices to their sureties, returnable on

9 CC No. 532/2/16 BRM Credit Pvt. Ltd. VS. Anoop Chawla Fresh complaint case U/Sec.138 NI Act is received by way of assignment. It be checed and registered. Present: Counsel for the complainant. As per previous ordersheet, the matter is received by way of transfer from the Saet Courts and is at the stage of issuance of B/Ws against the accused. Let, B/Ws be issued against the accused as per order dated , returnable on

10 CC No. 528/1/09 India Financial Association Vs. Raj Rani A. Singh File is taen up on filing of an application for ancelleation of B/Ws issued against the accused. Present: None for the complainant. Accused with counsel. Heard. Record perused. For the reasons stated in the application, the present application is allowed subject to warning to the accused to remain present in person on each and every date of hearing. Therefore, B/Ws issued against the accused are hereby cancelled and previous bail bonds are restored. Put up for CE on Copy of the order be given dasti as requested.

11 CC No. 517/1/16 Indo Alusys Industries Pvt. Ltd. Vs. R.K. Metal India (P) Ltd. Statement of Sh.B.K. Sahu, Authorized Representative of complainant company. On SA I am authorized representative of the complainant company. The earlier matter between the same parties is listed before Ld. MM Sh. Satvir Singh Lamba for and therefore the present matter may be transferred to the Court of Ld. MM Sh. Satvir Singh Lamba. RO & AC

12 CC No.517/1/16 Indo Alysys Industries Ltd. Vs. R.K. MetalEngg. India (P) Ltd. Present: AR of complainant with proxy counsel. It is stated by the counsel for the complainant that earlier matter between the same parties U/Sec.138 NI Act is listed before Ld. MM Sh. Satvir Singh Lamba for and therefore the present matter may be transferred to the Court of Ld. MM Sh. Satvir Singh Lamba in terms of the Negotiable Instruments (Amendment) Act, Heard. Considering the provisions U/Sec.142A (2) of Negotiable Instruments (Amendment) Act, 2015, therefore, the file be put up before Ld. CMM, New Delhi District, Patiala House Courts, New Delhi for a 2:00 p.m. Ahlmad is directed to send the complete file to the Court of Ld. CMM, Patiala House Courts, New Delhi. Complainant is directed to appear before the Court of Ld. CMM, Patiala House Courts, New Delhi on at 2:00 p.m.

13 State Vs. Mohinder FIR No. 588/2004 P.S. : Tila Marg U/Sec. 279/337 IPC Present: Ld. APP for the state. Accused with counsel. Vide separate judgment dictated and announced, accused Mahinder is convicted for the offence U/s. 279/337 IPC. Order on sentence announced separately. Fresh bail bond U/Sec.437 A Cr.P.C. has been filed by accused Mahinder and same is accepted for the period of six months from today. File be consigned to Record Room after due compliance.

14 State Vs. Deepa & Ors. FIR No. 115/2016 PS Sagarpur U/Sec. 354/509/34 IPC An application for grant of bail is also filed on behalf of accused Deepa Kumar and Naveen. Present: Ld. APP for the State. IO SI Chetan Mandia in person. Counsel for the accused persons. Heard. Record perused. Considering the overall facts and circumstance of the case and that no recovery is to be effected from the accused persons and that accused Deepa Kumr and Naveen are no more required for the custodial interrogation, so this Court is of the view that no fruitful purpose would be served by eeping the accused persons behind the bars. Accordingly, bail application is allowed and both accused are admitted to Court bail on furnishing their personal bond in the sum of Rs.25,000/- each with one surety each in lie amount and further subject to the following conditions:- i) That they shall not indulge into any offence of similar nature again for which they is charged in the present case; ii) That they shall co-operate in the investigation and would appear before the investigating agency or the Court as and when required. iii) That they shall not directly or indirectly mae any inducement, threat or any promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Bail application stands disposed of. Copy of this order be given dasti to the IO.

15 State Vs. Mohinder FIR No. 588/2004 P.S. : Tila Marg U/Sec. 279/337 IPC Present: Ld. APP for the state. Accused with counsel. An application U/Sec.311 Cr.P.C is filed on behalf of the accused. Heard. Record perused. Considering that request is made for recalling PW 2 and PW 6, who were examined in the year 2008 and 2011 respectively and already a lot of time has passed and the present application appears to have been filed to fill in the lacuna of the defence of the accused, therefore, the present application U/Sec.311 Cr.P.C is hereby dismissed. Vide separate judgment dictated and announced, accused Mohinder is convicted for the offence U/s. 279/337 IPC. Order on sentence announced separately. Fresh bail bond U/Sec.437 A Cr.P.C. has been filed by accused Mohinder and same is accepted for the period of six months from today. File be consigned to Record Room after due compliance.

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17 CC No. 119/04/14 Firoza Khatoon Vs. Jamat Ali & Ors. Present: Complainant with counsel. DIR is already filed. Heard. Record perused. It is stated that complainant is residing within the jurisdiction of PS Vasant Kunj (South), therefore, this court has territorial jurisdiction to entertain the present case. Considering the overall facts and circumstances of the case, there is sufficient material on record to issue notice to all respondents, therefore, notice be issued to all the respondents on filing of PF/RC returnable on Complainant is directed to file affidavit in terms of decision in Kusum Sharma Vs. Mahinder Kumar Sharma decided by Hon'ble Delhi High Court on in FAO369/1996 by the next date of hearing. Considering the same, put up on

18 CC No. 27/01/11 Jana Datwani Vs. Govt. of NCT of Delhi & Ors. Present: Counsel for the complainant. IO SI Gulshan Yadav in person. IO has filed status report. Copy supplied. It is stated by the IO that due to civil suit file being in-transit for being transferred to Patiala House Court from Hon'ble High Court of Delhi the original document could not be taen from the record for sending for FSL. In view of the status report and submissions made by the IO, put up for further status report on

19 CC No. 85/04/15 Jyoti Vs. Hira Lal & Ors. Present: Complainant with counsel. Respondent no. 1 with counsel, Ms. Shama Chaudhary. Fresh Vaalatnama is filed on behalf of the respondent no. 1. It is stated by the respondent no. 1 that respondent Munni, Santosh and Aarti have also received notice of the present petition. Copy of documents supplied to the counsel for the respondent today. Respondents are directed to file reply by the next date of hearing. Both the parties are directed to file affidavit in terms of decision in Kusum Sharma Vs. Mahinder Kumar Sharma decided by Hon'ble Delhi High Court on in FAO369/1996 for

20 CC No. 50/01/15, 51/01/15, 52/01/15, 53/01/15 and 54/01/15. Krishan Kumar Vs. Ramesh Kumar Present: Complainant with counsel. Accused in person. Accused sees some time for furnishing surety bonds as well as for maing payments to the complainant. In the interest of justice, one final opportunity is given to the accused for compliance of previous orders as well as mediation settlement by the next date of hearing. Considering the same, put up on

21 CC No. 83/04/15 Preety Khurana Vs. Vias Khurana Present: Complainant in person. Respondent no. 1 in person. It is stated by the parties that they could not reach to any compromise and matter may be proceeded with merits. Both the parties are directed to comply with order dated for

22 CC No. 181/04/15 Ms. Neena Vs. Jeet Singh & Ors. Present: Complainant with Ld. LAC Sh. Girdhari Singh. Counsel for the complainant sees time for compliance of previous orders. Same be complied with by the next date of hearing. It is stated by counsel for the complainant that respondent no. 1 and 4 have filed collusive suit and have also settled the same in order to evict the complainant from the property i.e. House no. 151A, Gali No. 8, Nasir Pur Colony, New Delhi Heard. However, as per the record complainant is residing at House no. 151, Gali No. 8, Nasir Pur Colony, New Delhi which is different property as per the record. It is stated by the complainant that the place where she is residing is in Bloc A but the same is not mentioned in the document and therefore some time is sought by the complainant for filing the original address. Same be filed by the next date of hearing. Be that as it may, put up on

23 CC No. 24/04/15 Kanchan Singh Vs. Sunny Kashyap Present: Counsel for the complainant. Respondents are already ex-parte. Income and expenditure affidavit of complainant is filed today. Same is taen on record. Ex-parte arguments heard. Put up for orders on

24 FIR No. 277/15 PS Naraina Present: Ld. APP for the State. Accused with Counsel Put up for scrutiny / arguments on the point of charge on

25 FIR No. 334/15 PS Naraina Present: Ld. APP for the State. All three accused with counsel. Copy of documents is supplied to the accused persons. Accused Jaicy sees extension of police bail and sees some time for furnishing court bail, therefore, his police bail is extended till the next date of hearing. Considering the overall facts and circumstances of the case accused Abhishe and Anuj are admitted to bail on furnishing bail bonds in the sum of Rs. 25,000/- each with one surety in the lie amount each. Bail bonds furnished. Bail bonds of accused Anuj are accepted. Bail bonds of accused Abhishe are accepted till subject to verification by SHO/IO concerned. Put up for furnishing court bail by accused Jaicy, bail bonds verification report of accused Abhishe, scrutiny of documents / charge on

26 CC No. 54/04/13 Chitra Vs. Amit Verma Present: Complainant with counsel. Vide separate statement recorded today in the court of complainant in which complainant submits that she wants to withdraw the present complaint case as the matter has been settled between with the respondent before Family Court, Ajmer, Rajasthan pursuant to which a decree of divorce has been passed vide order dated passed by Family Court, Ajmer, Rajasthan. Copy of the order/decree is Ex. CW1/A (OSR). Now, she do not want to proceed further against the respondent. Therefore, the present complaint case may indly be disposed off as withdrawn. The matter is disposed of by way of judicial settlement. File be consigned to Record Room.

27 CC No. 49/04/15 Smt. Rajni Vs. Sh. Jai Praash & Ors. Present: Complainant with counsel. Respondent no. 1 with counsel. Arguments on the interim application heard. Put up for orders on

28 FIR No. 161/12 PS Tila Marg Present: Ld. APP for the State. Accused is absent. Counsel for the accused. An application for seeing exemption from personal appearance of accused is filed. Heard. For the reasons stated in the application accused is exempted from his personal appearance only for today. Arguments on the point of charge heard. Put up for orders on

29 FIR No. 256/93 PS Tila Marg Present: Ld. APP for the State. Accused Ramanand is absent. Accused Vijay, Suresh, Shiv Bahadur and Anil are PO. Accused Rajesh is already convicted. Counsel for the accused Ramanand in person. An application for seeing exemption from personal appearance of accused Ramanand is filed. Heard. For the reasons stated in the application accused Ramanand is exempted from his personal appearance only for today. Final arguments heard. Put up for orders on Let nominal role be called from the Superintendent Jail concerned for the next date of hearing.

30 CC No. 18/04/16 Kiran Lal Vs. Raesh Lal & Ors. Present: Counsel for the complainant. DIR is already filed. Heard. Record perused. It is stated that complainant is residing in within the jurisdiction of PS Tughla Road and the shared household and the address of the respondents falling within the jurisdiction of PS South Avenue, therefore, this court has territorial jurisdiction to entertain the present case. Considering the overall facts and circumstances of the case, there is sufficient material on record to issue notice to respondents no. 1, 2, 3,5, 6,7 therefore, notice be issued to respondents no. 1, 2, 3,5, 6,7 on filing of PF/RC returnable on As regards respondent no. 4, it is stated that she has not resided with the complainant in the shared house hold, therefore, has no domestic relationship with the complainant, hence no notice be issued to respondent no. 4 as per the provision u/s 12 DV Act. Considering the same, put up on

31 CC No. 176/01/14 Mansha Ram Singh Vs. Jai Singh Present: Complainant in person. Accused is absent. It is 12:00 pm now and despite several calls since morning accused has not appeared in the court today. BW/s issued against the accused on the last date of hearing have not been received bac. Therefore, let fresh BW/s in the sum of Rs. 10,000/- be issued against the accused through DCP concerned on

32 FIR No. 42/15 PS Vasant Vihar Present: Ld. APP for the State. Accused with counsel. It is stated that accused has received copy of all the documents, therefore, scrutiny of documents complete. Arguments on the point of charge heard. Prima-facie charges u/s 509 IPC are made out against the accused. Accused is discharged u/s 354(C) IPC from the allegations made in the charge sheet, offences u/s 354(C) is not made out. Formal charges have been framed and served upon the accused according to which he has pleaded not guilty and claimed trial. Let PWs be summoned for PE on

33 FIR No. 546/13 PS Vasant Vihar Present: Accused is absent. Counsel for the surety in person. It is 12:30 pm now and despite several calls since morning accused has not appeared in the court today. On the last date of hearing, accused had sought some time for filing certified copy of quashing order of the present FIR and copy of payments receipt of costs. However, accused has not appeared in the court today, therefore, let court notice be issued to the accused as well as counsel for the accused to appear in person and compliance of previous orders on At this stage. Present : Ld. APP for the State. Mrs. Vironia, Wife of accused in person. Mrs. Vironia, Wife of accused has filed copy of certified copy of order dated passed by Hon'ble High Court of Delhi and copy of payment of receipt of costs. In view of the order dated by Hon'ble High Court of Delhi and the copy of receipt of payment of costs, the present FIR No. 546/2013, PS Vasant Vihar has been quashed by Hon'ble High Court of Delhi and nothing survives in the present case, therefore, the surety of accused is discharged. Bail bonds are cancelled. File be consigned to record room after due compliance. Copy of order be given Dasti as requested.

34 FIR No. 76/11 PS Tila Marg Present: Ld. APP for the State. Accused is absent. Counsel for the accused. IO ASI Diwan Singh in person. An application for seeing exemption from personal appearance of accused is filed. Heard. For the reasons stated in the application, accused is exempted from his personal appearance only for today. It is stated by counsel for the accused that accused does not wish to file any written arguments and argue straight away. Arguments on the application of condonation of delay is heard. Clarification from IO is sought. Put up for orders on

35 FIR No. 190/08 PS Tila Marg Present: Ld. APP for the State. AR of complainant with counsel. Accused Tarun and Sonali in person. Mrs. Raesh Kumar, Ld. Counsel for all the accused persons (accused Aditya is exempted through Counsel). IO Insp. Rajender Meena in person. IO has supplied deficient copies of documents / statements u/s 161 Cr.P.C to the accused persons and counsel for the accused persons today. It is stated by the accused persons that they have received copy of all the documents, therefore, scrutiny of documents is complete. Put up for arguments on the point of charge on

36 FIR No. 96/07 PS Tila Marg Present: Ld. APP for the State. Accused with counsel. An application for cancellation of NBWs issued against the accused and restoration of previous surety bond is filed. Heard. For the reason stated in the application, NBWs are cancelled subject to fine of Rs. 200/ and with the warning that accused will appear on each and every date of hearing. Fine paid vide receipt no Previous surety bond of accused is restored. Let Robar be issued accordingly. Let all the public witnesses be summoned through IO/SHO/DCP concerned for PE on

37 CC No. 215/01/15 Ram Bala Singh Vs. Sanjay Kumar Singh & Ors. Present: None. It is stated by Naib Court, PS Tila Marg that FIR No. 455/15, PS Tila Marg has been registered pursuant to the direction by the court and IO is out of station. Be that as it may, SHO, PS Tila Marg is directed to file compliance report in writing/ status report on

38 CC No. 831/01/15 Abhinav Apparels Vs. Babita Singh Present: None. Despite several calls since morning complainant has not appeared in the court today. In the interest of justice, no adverse orders are passed today. Put up for purpose fixed on

39 FIR No. 1356/14 PS Vasant Vihar Present: hearing. Ld. APP for the State. Report of Ahlmad is perused. Ahlmad is warned to be careful in future. Let previous orders be complied with by the next date of Put up for purpose fixed on

40 CC No. 114/04/15 Present: None. Despite several calls none has appeared for the complainant. As per the previous order sheet complainant is not appearing since Considering the allegations and nature of offences made in the present case and in the interest of justice, let court notice be issued to the complainant. Considering the same, let court notice be issued to the complainant through SHO concerned to appear in person for

41 FIR No. 326/2014 PS Sagarpur An application for issuance of NBW/s against accused Amar Malli is filed by the IO SI Chetan Mandia. Present: Ld. APP for the Accused. IO SI Chetan Mandia. Considering that NBWs issued against the accused through MEA have been returned bac as unexecuted, therefore, let fresh NBW/s be issued against accused Amar Malli returnable on Copy of the order be given Dasti to the IO as requested.

42 CC No. 535/06/16 M/s Synergy Steels Ltd. Vs. Vishal Sood Fresh complaint u/s 138 of NI Act is received by way of assignment. It be checed and registered. Present: Counsel for the complainant. Accused is absent. As per the previous order sheet matter is received by way of transfer from Saet Courts and is at the stage of settlement. Considering that accused has not appeared in the court today, therefore, BW/s in the sum of Rs. 20,000/- be issued against the accused on filing of PF returnable on

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44 FIR No. 346/14 PS Sarojini Nagar Present: Ld. APP for the State. Accused with counsel. Arguments on the point of charge heard. Prima-facie charges u/s 354D/341 IPC and U/s 184/185 MV Act are made out against the accused. Formal charges have been framed and served upon the accused according to which he has pleaded not guilty and claimed trial. Let PWs be summoned for PE on

45 State Vs. Gurvinder Present: Ld. APP for the State. Accused with counsel. Ahlmad has filed Purcha Yadashast. Ahlmad is warned to be careful in future and is directed to place the file before the court by the next date of hearing. Put up for compliance of previous orders on at 2:00 pm.

46 Ex. No. 10/15 Leela Devi Vs. Sanjeet Kumar File is taen up today on filing of an application for cancellation of warrants against the JD Sanjeet Kumar. Present: Counsel for the JD. JD is absent. It is stated by the counsel for the JD that JD has made payment of Rs. 10,000/- in the account of DH on and he could not mae further payments since he is not getting any salary. Be that as it may, let notice of the present application be issued to the DH on filing of PF returnable on at 12:30 pm.

47 FIR No. 119/14 PS Tila Marg Present: Ld. APP for the State. IO is absent. Complainant Sh. K. P. Mavi is absent. As per the report on the notice issued to the IO, the IO is out of station. As per the report on the notice issued to the complainant, complainant has been served with the notice, however, it is 3:30 pm now and despite several calls since morning complainant has not appeared in the court today. As per previous order sheet the complainant was appearing in the court but not filed any objection to the untrce report. Considering the aforesaid, it is clear that complainant has no objection, if present untrace report is accepted. Considering the reasons stated in the untrace report, the untrace report is accepted. The matter be revived as and when the clue of accused is found and accused is apprehended. SHO concerned. File be consigned to record room of PS Tila Marg through

48 FIR No /16 PS Tila Marg An application bearing No. 162/16 (Registry No S/16 dated for release of vehicle bearing No. DL-10-CA-6755 is already filed by the applicant Monia Singla. Present: Ld. APP for the State. Applicant Monia Singla in person. Heard. Report of IO is received. Submissions heard and report perused. As per the report of the IO he has no objection if the vehicle bearing No. DL-10-CA-6755 is released on superdari. In these circumstances, the aforesaid vehicle bearing no. DL- 10-CA-6755 be released to the owner subject to the following conditions: 1. Vehicle bearing No. DL-10-CA-6755 in question be released to its owner only subject to furnishing of bond in the sum of Rs. 3 lacs/-(rupees three lacs only) to the satisfaction of the concerned SHO/IO; 2. IO shall prepare detailed panchnama also mentioning the colour, appearance, Engine number, Chasis number, registered owner and other necessary details of the vehicle; 3. IO shall tae the coloured photographs of the vehicle from different angles and also of the engine number and the chasis number of the vehicle; 4. The photographs should be attested and counter signed by the complainant, accused and the owner; 5. The IO shall get the videography of the said vehicle done in such a manner that the colour, appearance, Engine number, Chasis number and dimensions of the vehicle are clearly visible. 6. IO shall get the vehicle value from a proper valuer and shall tae a valuation report in this regard from the valuer; 7. The expenses for photography, videography and the valuation shall be done at the expenses of the rightful owner. Copy of this order be given dasti to the applicant as well as to SHO concerned for compliance. CC No. 245/01/16 Advance Mareting Vs. Bhardwaj General Store

49 Present: AT 11:00 am. Present: AT 12:00 Noon, Present: None for the complainant. Accused with proxy counsel. be awaited. Put up at 11:00 None for the complainant. Accused with proxy counsel. be awaited. Put up at 12:00 Noon. None for the complainant. Accused with proxy counsel. be awaited. Put up at 1:00 pm AT 1:00 pm. Present: None for the complainant. Accused with proxy counsel. contd..

50 be awaited. Put up at 2:30 pm AT 2:30 pm Present: AT 3:30 pm None for the complainant. Accused with proxy counsel. be awaited. Put up at 3:30 pm. Presnt: None for the complainant. Despite several calls since morning none has appeared for the complainant. Considering that as per previous order sheets matter is at the stage of final arguments since and complainant has been seeing adjournment for past several dates and after the file received by way of transfer on , the AR of the complainant as well the counsel for the complainant had appeared in the court and thus are well aware of the proceedings in the present case and on and even today have apparently deliberately not appeared in the court. In view of the aforesaid, the matter is dismiss in default as well as for non-prosecution subject to cost of Rs. 10,000/- to be paid to the accused who has been appearing on each and every date of hearing. Copy of the order be given Dasti to the accused as requested. File be consigned to record room after due compliance.

51 FIR No /16 PS Crime Branch, New Delhi. An application for requesting to re-open case FIR No /16, PS Tila Marg, Delhi is filed by the applicant SI Sandeep Kumar. Present: Ld. APP for the State. Applicant / IO SI Sandeep Kumar. Heard. Record perused. Considering that as per the material on record accused along with the case property of the present case i.e. motorcycle bearing no. DL 3S BC 9700 has been apprehended by SI Satish Yadav of PS Dwara North and on earlier occasion Ld. ACMM/ PHC/NDD Sh. Ajay Garg had accepted the untrace report in the present FIR, therefore, directions are passed to the Crime Branch, through which untrace report was consigned, to re-open and revive the present matter. Let copy of the order be given Dasti to the applicant / IO. Copy of this order be also sent to Crime Branch, New Delhi for compliance.

52 FIR No. 46/08 PS Tila Marg Present: Ld. APP for the State. Accused is absent. Counsel for the accused. Production warrants issued against the accused to the Jail Superintendent Baruch, Gujarat have not been received bac. Considering the same, let fresh production warrants be issued as per order dated returnable on

53 CC No. 942/01/15 Hitesh Kothari Vs. Mrs. Naina A. Chowatia & Ors. Present: Complainant with counsel. Case was fixed today for orders on application u/s 156 (3) Cr.P.C. However, certain clarifications are required. Counsel sees some time for arguments / clarifications. Considering the same, put up for arguments / clarifications on The accused persons have filed an application u/s 340 Cr.P.C on Heard. Put up for orders on Ahlmad is directed to register application u/s 340 Cr.P.C separately.

54 CC No. 990/01/15 Hitesh Kothari Vs. Champatlal Jain & Ors. Present: Complainant with counsel. Case was fixed today for orders on application u/s 156 (3) Cr.P.C. However, certain clarifications are required. Counsel sees some time for arguments / clarifications. Considering the same, put up for arguments / clarifications on The accused persons have filed an application u/s 340 Cr.P.C on Heard. Put up for orders on Ahlmad is directed to register application u/s 340 Cr.P.C separately.

55 FIR No. 655/15 PS South Campus Fresh charge-sheet is filed. It be checed and registered. Present: Ld. APP for the State. IO is absent. It is 4:55 PM Now and despite several calls since morning IO SI Usha Yadav has not appeared in the court. It is stated by the Ahlmad of the court that IO W SI Usha Yadav was in the court premises before lunch but did not appear in the court. It is stated by the Naib Court that the road certificate was being handed over to the Naib Court by W SI Usha Yadav today but she did not appear before the court. In view of the aforesaid, it is clear that IO W SI Usha Yadav, No D, PS Sough Campus has filed the charge-sheet before the court through Ahlmad of the court but has not appeared in the court for assisting the Ld. APP for the State for the purpose of arguments on the point of cognizance. Same is a dereliction in the duty of the IO W SI Usha Yadav and accordingly, DCP concerned is directed to tae appropriate action against the erring IO W SI Usha Yadav. Let court notice be issued to IO W SI Usha Yadav, PS South Campus to appear in person on the next date of hearing. Put up for consideration on Copy of order be sent to DCP concerned for compliance.

56 CC No. 1443/1/09 Sharad Dube Vs. M.C. Gupta Present: Complainant with counsel. Accused No.1 and 3 in person. Accused No.2 Aditya Prasad Dube is absent. Sh. Raesh Kumar, counsel for the accused persons. An application seeing exemption from personal appearance on behalf of accused Aditya Prasad Dube is filed. Heard. For the reasons stated in the application, accused Aditya Prasad Dube is exempted from his personal appearance only for today. Vide separate statement recorded today in the Court of Sh. Raesh Kumar, counsel for accused Aditya Prasad Dube, he has stated that the witness present may be examined in the absence of accused No.2 Aditya Prasad Dube and that accused No.2 shall not dispute his identity for the purpose of trial and the proceedings may be initiated in the absence of accused No.2 and in the presence of his counsel. It is stated by the counsel for the accused persons that the matter may be adjourned for today and they may be given only one opportunity to cross-examine CW-1. Heard. In view of the submissions of the counsel for the accused persons, only one opportunity is granted to the accused persons for crossexamination of CW-1 on It is made clear that no further opportunity shall be granted to the accused persons to cross-examine CW-1 on the next date of hearing.