2025 (5) TMI 1738

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....्वीकार कर प्रकरण क्रमांक SC NIA 2961/2019 उन्वान वर्षा दानी बनाम संजय निगम में विचारण न्यायालय द्वारा पारित आदेश दिनांक 08.04.2025 तथा आपराधिक पुनर&#2....

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.... आरोपी के विरुद्ध न्यायालय का महत्त्वपूर्ण समय बर्बाद करने के लिये 500 /- रूपये के स्थान पर 25,000/- रूपये हर्जा अधिरोपित कर परिवादी द्वार&#2366....

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.... जो माननीय न्यायालय उचित समझे देने की कृपा की जावे। 2. It is submitted by counsel for applicant that applicant had filed a complaint under Section 138 of the Negotiable Instruments Act. On 21.03.2024, statement of accused was recorded under Section 313 of the CrPC and the case was fixed for 3.4.2024 for recording of defence evidence. On 3.4.2024, defence witnesses were not present and accordingly the case was adjourned for 6.5.2024. On 6.5.2024, summons were issued for appearance of Shri Rajendra....

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....024 were set aside. 3. On 7.2.2025, displeasure was expressed by the trial court with regard to the conduct of respondent. Ultimately, by order dated 28.2.2025, application filed by respondents for summoning Bank Manager was also rejected and the case was fixed for final arguments. Thereafter, on 10.3.2025, an application under Section 311 of CrPC was taken up for arguments and the said application was rejected by passing a detailed order and the case was fixed for 12.3.2025. On 12.3.2025, another application was filed by respondent to summon the officer from Income Tax Department along with Income Tax Returns of complainant and the case was fixed for arguments and order, on the said application on 19.3.2025. By order dated 19.3.2025, th....

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....tion under Section 315 of the CrPC was filed by the respondent and on the very same day the said application was rejected by passing a detailed order and the case was fixed for final arguments on 24.3.2025. Immediately after the application filed under Section 315 of the CrPC was rejected, accused filed another application and accordingly the case was adjourned for 23.4.2025. On 23.4.2025, it was observed that counsel for respondent did not appear till 1:50 p.m., and since the Court was busy in other cases, therefore, the arguments could not be heard and accordingly the case was fixed for 28.4.2025 for arguments on the application. On 28.4.2025, arguments were heard and by detailed order on the very same day, the said application was reject....