Delhi District Court
Amresh vs . Sanjeev Mishra on 25 June, 2013
Amresh Vs. Sanjeev Mishra CC No.4151/10 25.06.2013
Present: Complainant with counsel.
Accused absent.
Accused has been served but is not appearing in this case. It, however, appears that on the last date one counsel for the accused was present. It, however, appears that no one is appearing. In such circumstances, let BW in the sum of Rs.10,000/- be issued against the accused for 22.10.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 File again taken up at request of both the sides. Present: Complainant with counsel.
Accused with counsel.
Ld. counsel for the accused has filed his Vakalatnama. Accused is admitted on bail subject to furnishing of Bail Bond and Surety Bond to the tune of Rs.10,000/-. Bonds furnished. Accepted. Earlier date i.e. 22.10.2013 stands cancelled. Ld. counsel for the accused submits that accused is ready to pay amount of both the cheques to the complainant and matter should be compounded in terms of Damodar S. Prabhu v. Syed Babalal H. AIR 2010 SC 1907. Ld. counsel for the complainant, however, submits that complainant is not ready to accept the same as certain other amount is also recoverable from the accused.
I consider that unless complainant gives consent, no compounding can be made of any offence. List for further proceedings by way of summary trial procedure for 29.08.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R Bindu Ramanan Vs. Rajesh Kumar CC No.1374/10 25.06.2013 Present: None for the Complainant.
Counsel for the accused.
It seems that the file has already been disposed of as compounded. However, the same was taken up on an application filed by the Surety Vipin Jain for release of KVPs. Since surety was not appearing a notice was directed to be issued. The same is unserved with a reason no such person. In such circumstances, the application filed by the surety Vipin Jain is dismissed as no one is available to press the said application. Let the file be sent to Record Room.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R Smt. Kamlesh Bagga Vs. Naveen Kumar CC No.7027/A/12 25.06.2013 Present: Complainant in person.
Counsel for the accused.
Complainant is a Senior Citizen. Ld. counsel has filed his Vakalatnama and seeks a passover for appearance of accused. Be awaited.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 At 11.36 a.m. Present: Complainant in person.
Accused with counsel.
Accused is admitted on bail subject to furnishing of Bail Bond and Surety Bond to the tune of Rs.50,000/-. Ld. counsel is praying for acceptance of personal bond till the next date on the ground that wife of proposed surety is admitted in hospital. Personal Bond is accepted till the next date.
Accusation as per complaint has been explained over to the accused. His Plea and Examination recorded separately. Ld. counsel for the accused is seeking a passover with a submission that he wants to file an application U/s 145(2) NI Act for cross-examination of the complainant. Be awaited.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 25.06.2013 At 12.24 p.m. Present: None for the Complainant.
Accused with counsel.
Ld. counsel submits that he is ready with an application U/s 145(2) NI Act. Be awaited for the complainant.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 At 12.30 p.m. Present: None for the Complainant.
Accused with counsel.
Ld. counsel submits that he has to go to some other court. He filed an application U/s 145(2) NI Act with a copy for the complainant. If the complainant appears, let the copy be provided to the complainant. He may be at liberty to file reply of this application and to advance arguments. Let the matter be adjourned with a notice to the complainant for 02.08.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R Kulbhushan Malik Vs. Subhash Chand @ Subhash Gavery CC No.6569/12 25.06.2013 Present: Complainant with counsel.
Accused in person.
Accused is seeking a passover for want of counsel. Be awaited.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 At 12.15 p.m. Present: Complainant with counsel.
Accused with proxy counsel.
Accused is admitted on bail subject of furnishing of bail bond and surety to the tune of Rs.25,000/-. He furnished the same. Accepted. Accusation as per complaint has been explained over to the accused. His Plea and Examination recorded separately. On the basis of defence disclosed, ld. proxy counsel for the accused is orally praying for recalling of complainant for the purpose of cross-examination. Ld. counsel for the complainant submits that he does not have any objection and complainant is ready and willing for cross-examination. As such accused is allowed to cross-examine the complainant. Ld. proxy counsel for the accused is an adjournment to cross-examine the complainant with a submission that ld. main counsel will cross-examine the complainant.
At request of both the sides, list on 12.08.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s GEMSCAB Industries Ltd. Vs. M/s ICSA (India) Ltd. & Ors.
CC No.6549/A/12 25.06.2013 Present: AR of the Complainant with counsel.
Counsel Sh. Manoj Kumar Sharma for accused on Memo of Appearance.
Ld. counsel Sh. Sharma submits that accused and ld. main counsel are coming from Hyderabad and is unable to come today. Therefore, he is seeking an adjournment. One opportunity for the accused to appear and participate in the proceedings subject to a cost of Rs.3,000/- to be deposited with DLSA. Adjourned to 07.08.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R Mohd. Irfan Vs. M/s Gemini Veterans Global Placements & Ors.
CC No.632/10
25.06.2013
Present: None.
NBW issued against accused Trilok Singh is unexecuted. It seems that even complainant was not present on the last date and a notice was directed to be issued to him. The same notice has been received back unserved with the reason yahan Irfan naam ka koi nahi rehta.
I consider that it is for the litigant to follow their cases diligently and intimate the court about change of the address. Since no one is appearing on behalf of the complainant, such private complaint cannot be allowed to burden the state. The complaint is dismissed. File be consigned to Record Room.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R Pradeep Kumar Vs. Rajesh Chauhan CC No.7512/13 25.06.2013 Present: Counsel for the Complainant.
Accused absent.
NBW against the accused unexecuted showing a deliberate attempt on the part of the accused. As such let Process U/s 82 Cr.P.C. be issued against the accused for 31.10.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R Ravi Jindal Vs. Sanjay Kumar CC No.7462/13 & 7463/13 25.06.2013 Present: Proxy counsel for the Complainant.
Accused with proxy counsel.
These are two connected matters. It appears that both the matters are at the stage of cross-examination of complainant. Ld. proxy counsel submits that complainant is on his way. Be awaited.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 At 11.23 a.m. Present: Complainant with proxy counsel.
Accused with proxy counsel.
Ld. proxy counsel for the accused is seeking an adjournment with a submission that ld. main counsel has gone to Rishikesh and, therefore, he is unable to come today. Ld. proxy counsel for the complainant, however, submits that accused is only delaying the matter.
Since matter attracts criminal liability, I consider that one last opportunity should be given to the accused to cross-examine the complainant. However, this opportunity shall be subject to an adjournment cost of Rs.1,000/- in each case to be paid to the complainant.
List on 23.08.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Sarthak Advertisement and Communication Ltd. Vs. M/sSynno Ecom Pvt. Ltd. & Anr.
CC No.3505/1025.06.2013 Present: Complainant with proxy counsel.
Accused absent.
Process U/s 82 Cr.P.C. received back. Let Process Server be called for 23.08.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Unique Farm Aids Pvt. Ltd. Vs. Umesh Kumar Yadav CC No.6582/12 25.06.2013 Statement of Mr. Mukesh Kumar, AR of the complainant. On S.A. I, the above named AR of the complainant do hereby state on behalf of the complainant that the present matter has been amicably settled with the accused in full and final settlement. Accused has given all the settled amount to the complainant. Complainant has no further grievance against the accused as nothing remains due towards the accused in the present complaint case. Therefore, the matter may be allowed to be treated as compounded U/s 147 NI Act. RO & AC (RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Unique Farm Aids Pvt. Ltd. Vs. M/s Dhey Agro Agencies CC No.7317/13 25.06.2013 Statement of Mr. Mukesh Kumar, AR of the complainant. On S.A. I, the above named AR of the complainant do hereby state on behalf of the complainant that the present matter has been amicably settled with the accused in full and final settlement. Accused has given all the settled amount to the complainant. Complainant has no further grievance against the accused as nothing remains due towards the accused in the present complaint case. Therefore, the matter may be allowed to be treated as compounded U/s 147 NI Act. RO & AC (RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Unique Farm Aids Pvt. Ltd. Vs. M/s Sardar Agro Seeds CC No.7315/13 25.06.2013 Statement of Mr. Mukesh Kumar, AR of the complainant. On S.A. I, the above named AR of the complainant do hereby state on behalf of the complainant that the present matter has been amicably settled with the accused in full and final settlement. Accused has given all the settled amount to the complainant. Complainant has no further grievance against the accused as nothing remains due towards the accused in the present complaint case. Therefore, the matter may be allowed to be treated as compounded U/s 147 NI Act. RO & AC (RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Unique Farm Aids Pvt. Ltd. Vs. Mittu Lal CC No.7120/12 25.06.2013 Statement of Mr. Mukesh Kumar, AR of the complainant. On S.A. I, the above named AR of the complainant do hereby state on behalf of the complainant that the present matter has been amicably settled with the accused in full and final settlement. Accused has given all the settled amount to the complainant. Complainant has no further grievance against the accused as nothing remains due towards the accused in the present complaint case. Therefore, the matter may be allowed to be treated as compounded U/s 147 NI Act. RO & AC (RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Unique Farm Aids Pvt. Ltd. Vs. Umesh Kumar Yadav CC No.6582/12 25.06.2013 Present: AR of the Complainant with counsel.
The matter settled. Separate statement of AR recorded. The matter stands compounded U/s 147 NI Act. Let the matter be put up before the Lok Adalat to be held on 13.07.2013 for further proceedings.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Unique Farm Aids Pvt. Ltd. Vs. M/s Dhey Agro Agencies CC No.7317/13 25.06.2013 Present: AR of the Complainant with counsel.
The matter settled. Separate statement of AR recorded. The matter stands compounded U/s 147 NI Act. Let the matter be put up before the Lok Adalat to be held on 13.07.2013 for further proceedings.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R Shyam Kumar Gupta Vs. Sanjeev Kumar CC No.6535/A/12 25.06.2013 Present: Counsel for the Complainant with counsel.
Accused absent.
All the summons be awaited. Fresh summons be issued. Ld. counsel submits that other case pending between the parties is coming before this court on 28.09.2013 in which BW is in operation. At request, let this file be also listed on 28.09.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R United Commercial Vs. Aastha Enterprises CC No.7333/1 25.06.2013 Present: None.
Parcha Yaddast has been placed by the office with the reason file is not traceable. Office is directed to trace the file at the earliest. List on 07.08.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Unique Farm Aids Pvt. Ltd. Vs. Mittu Lal CC No.7120/12 25.06.2013 Present: AR of the Complainant with counsel.
The matter settled. Separate statement of AR recorded. The matter stands compounded U/s 147 NI Act. Let the matter be put up before the Lok Adalat to be held on 13.07.2013 for further proceedings.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Unique Farm Aids Pvt. Ltd. Vs. M/s Sardar Agro Seeds CC No.7315/13 25.06.2013 Present: AR of the Complainant with counsel.
The matter settled. Separate statement of AR recorded. The matter stands compounded U/s 147 NI Act. Let the matter be put up before the Lok Adalat to be held on 13.07.2013 for further proceedings.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R Mahinder Singh Makkar Vs. M/s Bhatia Enterprises & Anr.
CC No.7362/1325.06.2013 Present: Complainant with counsel.
Accused absent.
Summons unserved showing a deliberate attempt on the part of the accused. As such, let BW in the sum of Rs.15,000/- be issued against the accused for 22.10.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Atma Ram Kishan Chand Vs. M/s Jagdamba Enterprises CC No.6574/12 25.06.2013 Present: Clerk of ld. counsel for the Complainant.
It appears that no one has been appearing on behalf of the complainant for the last two dates and even today only a clerk is present and is seeking time for compliance of orders with a submission that they intend to file fresh address of the accused. Last opportunity is given to the complainant to comply with earlier orders subject to a cost of Rs.2,000/- to be deposited with Mediation Center, Tis Hazari, Delhi within 10 days.
List on 09.11.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R Pace Stock Broking Services Pvt. Ltd. Vs. Rajeev Bhayana CC No.6914/12 25.06.2013 Statement of Mr. Prabhat Srivastava, AR of the complainant. On S.A. I am the AR of the complainant. I have brought with me my PAN Card for identification copy of which is Mark-X (OSR). I do hereby state on behalf of the complainant that the present matter has been amicably settled with the accused in full and final settlement. Accused has given all the settled amount to the complainant. Complainant has no further grievance against the accused as nothing remains due towards the accused in the present complaint case. Therefore, the matter may be allowed to be treated as compounded U/s 147 NI Act. RO & AC (RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R M/s Saran Jewellers Vs. Swarn Gems Pvt. Ltd. & Ors.
CC No.7576/13, 7577/13, 7578/13 & 7579/13 25.06.2013 Present: AR of the Complainant with counsel.
These are four connected matters. Affidavit in evidence has been filed. It appears that there are several inconsistencies in the affidavit and in exhibit marking on the documents. Ld. counsel seeks time to remove such discrepancies.
At his request, matter be adjourned to remove the discrepancies to 05.08.2013.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 25.06.2013 R