Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28
CC NI ACT/2301/2024
DLCT020027012024
Eduline Publishers Regd
Vs.
Anand Nagaria
10.05.2024
Matters are being taken up physically in terms of order no. 67/RG/DHC/2022 dated 11.02.2022.
VC Link is kept open for appearance in terms of order no. 01/RG/DHC/2023 dated 05.06.2023.
Present : Sh. Gautam Dutta, Ld. Counsel for complainant alongwith
complainant.
Fresh affidavit of evidence has been filed in view of clerical
mistake in the previous affidavit alongwith acknowledgement of e-filing and
GST certificate of the accused firm.
Same be taken on record.
Pre-summoning evidence tendered by way of affidavit as CW1.
Arguments on summoning of accused heard.
Perused. From the perusal of complaint, affidavit in evidence and
documents filed on record, sufficient grounds are made out against the
accused to proceed u/s 138 Negotiable Instruments Act. Accordingly, issue
summons to the accused Anand Nagaria on filing of PF/RC returnable for
31.08.2024.
As per the guidelines laid down in the case titled as
“Damodar S. Prabhu vs. Sayed Babalal H”, AIR2010(SC)1907, Ahlmad is
directed to make a mention on the summons issued against the accused (by
adding separate sheet, if required) that “accused can make an application for
compounding of the offence at the first and second hearing of the case and if
such an application is made, compounding may be allowed by the Court
without imposing any costs on the accused”.
Process Server to make at least three sincere efforts for the
purpose of service of summons issued against the accused.
Ahlmad is directed to make the mention of the same on the
top of the process issued against the accused.
(Rupinder Singh Dhiman)
MM, NI Act-06, Central District, THC/ 10.05.2024
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