Delhi District Court
Raj Kumar vs . Santosh Kumar on 14 August, 2012
Raj Kumar Vs. Santosh Kumar CC No.4301/10 14.08.2012
Present: Complainant in person.
Convict absent.
Surety Chhavinath Singh is present and submits that he is unable to trace the convict. Clearly he has no explanation in respect of non appearance of the convict. He has made himself liable for the penalty of bond amount. For the recovery thereof, let a Warrant of Attachment in the sum of Rs.20,000/- be issued against the Surety.
SHO Inspector Kanwar Sain from PS : Roop Nagar is present and submits that on 13.03.2012 Head Constable Devender had come to this court. I, however, note that there is no appearance of any police official before the Ld. Link MM who was holding the court on 13.03.2012.
However, since Surety is appearing, there is no necessity to call any police official for further proceeding in the matter related to the Surety. Surety is providing his address as Phool Pur, Meetha Pur, 156, Narela, Delhi. In such circumstances, the Warrant of Attachment to be executed on the address as provided by the Surety.
Surety submits that account of the convict is in Dena Bank, Shakti Nagar. Let a fresh NBW be issued against the convict with the direction that concerned SHO shall obtain all necessary help from Dena Bank for execution of the warrant.
To be listed on 30.08.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 Bharat Bhushan Vs. Virender Verma CC No.657/10 14.08.2012 Present: Complainant in person.
Accused with counsel.
Complainant is seeking passover for want of counsel.
Be awaited.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 At 12.40 p.m. Present: Complainant with proxy counsel.
Accused with counsel.
As observed in the last order, accused has signed his statement today which was recorded on 01.08.2012.
Complainant submits that he has filed the process fee. There is, however, no report for compliance of the last order.
Let the last order be complied with for 20.09.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 M/s Ladha Ram Shiv Charan Dass Vs. M/s Sanjay Engg. & Fabricators Ltd.
CC No.6101/1114.08.2012 Present: Complainant with proxy counsel.
Accused absent.
Bailable Warrant and Warrant of Attachment received back unexecuted.
In view of the report an Non Bailable Warrant be issued against the accused for 31.10.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 Sanjay Tekwani Vs. Pawan Kumar Verma CC No.6779/10 14.08.2012 Present: Complainant in person.
There is no compliance of the last order. However, complainant submits that he has filed necessary process fee.
Let the last order be complied with for 08.10.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 Shalini Agarwal Vs. Mamta Petrochem Pvt. Ltd. & Anr.
CC No.2659/10 & 5153/10 14.08.2012 Present: AR of the complainant.
These are two connected matters.
NBW received back unexecuted with a report out of Delhi.
Clearly accused is deliberately avoiding the process. As such let a Process U/s 82 Cr.P.C. be issued against the accused. Notice to Surety be also issued. NBW be also issued against the accused as there is every chance of his arrest.
List on 26.11.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 Mahesh Aggarwal Vs. M/s Seven Engineering Projects Pvt. Ltd. & Anr.
CC No.2733/1014.08.2012 Present: Complainant with counsel.
Accused in person.
Matter is listed for further cross-examination of the accused. Accused is, however, seeking passover for want of counsel.
Be awaited.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 At 01.10 p.m. Present: Complainant with counsel.
Accused in person.
Accused submits that he is now ready for cross-examination even in the absence of his counsel. I do not find any ground to allow cross-examination in the absence of ld. counsel for the accused. It appears that it is a deliberate tactics of the accused to delay the proceedings.
List on 16.08.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 Raunak Sharma Vs. Mohit Chauhan CC No.6249/11 14.08.2012 Present: Complainant with counsel.
Accused in person.
Matter is listed for cross-examination of the complainant. Accused is, however, seeking a passover for want of counsel.
I do not find any reason to adjourn the matter. Opportunity to cross-examination is, therefore, closed.
Ld. Counsel for the accused has already given a statement on the last date that accused does not want to examine any witness in defence except the cross-examination of the complainant, whereupon he was allowed to cross-examine the complainant. Since the cross- examination has not been availed by the accused, statement of ld. counsel for the accused has become absolute. Therefore, no further opportunity can be given to lead defence evidence.
In terms of Step-IV of the Guidelines laid down by the Hon'ble High Court of Delhi in Rajesh Aggarwal Vs. State decided on 28.07.2010, let the matter be listed for final arguments.
Accused at this stage submits that he wants to settle the matter.
Parties shall be at liberty to settle the matter. However, in the absence thereof, arguments may be heard.
List on 18.08.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 M/s Simer Sales Corporation Vs. Sanjay Gupta CC No.5614/11 14.08.2012 Present: AR of the complainant.
Counsel for the accused.
An exemption application has been filed on behalf of the accused on the ground that he is not well. There are no details mentioned in the application. Even application is without any supporting document.
Accused is directed to appear in person on the next date.
Even Counsel for the complainant is not available.
In the circumstances, last opportunity is given to the parties to participate in the proceedings.
List on 01.10.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 Vijay Dhawan Vs. Ashok Sharma CC No.505/10 14.08.2012 Present: None.
Warrant of Attachment in the sum of Rs.10,000/- be issued against the Surety for 30.08.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 M/s Panson's Finlease Pvt. Ltd. Vs. Jassi & Mahesh CC No.4288/10 14.08.2012 Present: None.
A Notice be issued to both the sides for 04.09.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 M/s Krishna Industries Vs. Satinder Singh CC No.2541/10 14.08.2012 Present: Proxy counsel for the complainant.
Accused absent.
Still there is no report in respect of compliance of the orders.
Ahlmad shall report.
Last order be complied with for 04.09.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 Suresh Chand Vs. Om Prakash Sharma CC No.4883/10 14.08.2012 Present: Both the parties with their counsels.
They are seeking one opportunity for final arguments on the ground that they had received certified copies today.
List on 25.08.2012.
At request of both the sides, date is changed to 15.09.2012.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012 M/s Paramount Paper Traders Ltd. Vs. M/s Yashi Media Works P. Ltd.
CC No.613/1114.08.2012 File taken up as per order of Ld. Revisional Court dated 26.07.2012.
Present: Complainant with counsel.
Accused absent.
In the early hours of the day, one counsel was present on behalf of the accused and had filed an exemption application. The said ld. counsel had sought passover to pay the cost to the complainant as required in terms of the order of Ld. Revisional Court. No one is, however, appearing. Be called after lunch.
(RAKESH KUMAR SINGH) MM-(NI Act)-Central-01/THC/Delhi 14.08.2012