Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: (Nitika)
JMFC / Digital Court – 04 (NI Act)
Central / Delhi /28.05.2025
49 CC NI ACT / 2594/2025
BABOSA AIRCON Vs. RASHMI PURSWANI /0 (Darya Ganj)
Proceedings conducted through Video Conferencing via CISCO Webex app as well as through
Hybrid Mode.
28.05.2025
Present: Sh. Nikhil Sharma, Ld Counsel for the complainant through VC.
None for the accused.
Notice issued against the proposed accused not received back.
Tracking report filed on behalf of the complainant.
Perusal of tracking report reveals that notice has been duly served upon the
proposed accused. Despite due service, proposed accused has failed to enter appearance before
the Court.
Sufficient opportunity has been granted to the proposed accused in terms of Section
223 of the BNSS, 2023.
Submissions heard on the aspect of the cognizance.
The present complaint has been filed u/s 138 NI Act. Record of the file perused. All
the statutory requirements u/s 138 NI Act have been complied with. Perusal of the entire record
including the complaint and the annexed documents shows that prima facie case u/s 138 NI Act is
made out. The present complaint is well within the period of limitation.
I, therefore, take cognizance of the present offence u/s 138 NI Act.
Arguments heard on the point of summoning. Following the law laid down in
A. C.
Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC 790, the complaint, affidavit of
evidence and documents considered. In view of the complaint, documents produced and
verification in the form of affidavit of evidence, there exist sufficient grounds for proceeding
further against the accused person for the offence punishable under Section 138 NI Act.
Let summons be issued to the accused on filing of PF/RC/AD/speed post, within 30
days, returnable for the next date of hearing.
Summon be also served through e-mail, whatsapp and text message, on all the
addresses provided by the complainant. Service effected by the complainant be subject to filing
of report of service.
In case the service is not possible due to the premises being locked, or due to
unavailability or refusal, the process server is directed to serve the summons by way of Affixation
and file a photograph of the affixed summons clearly indicating the place where they are fixed in
a manner which shows that the affixation has been done on the given address, as best possible.
Complainant is directed to file PF and take steps within thirty days including copies
of complaint and relating documents. Ahlmad is directed to issue the summons only after
ensuring that the same has been done. The complainant is further apprised of the fact that at the
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(Nitika)
JMFC / Digital Court – 04 (NI Act)
Central / Delhi /28.05.2025
time of filing of first PF, the complainant is required to fill the mandatory NI Act complaint
Metadata.
As per the guidelines in the case of
Damodar S. Prabhu Vs. Sayed Babulal H.;
(2010) 5 SCC 663, Ahlmad is directed to mention the following 2 clauses on the summons issued
against the accused (by adding separate sheet, if required) :
“A. 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.
B. If the accused does not make an application for compounding as
aforesaid, then if an application for compounding is made before the court
at a subsequent stage, compounding can be allowed subject to the condition
that the accused will be required to pay 10% of the cheque amount to be
deposited as a condition for compounding with the District Legal Services
Authority.”
Ahlmad is directed to mention the official email ID and video conferencing link of
this court on the summons. Complainant is directed to file PF and postal envelops physically
mentioning the details of the case etc. for issuance of summons to the accused. Ahlmad is further
directed to preserve PF form, service report, postal courier envelops and scanned copy thereof on
LAYERS.
Accused is directed to appear before this court physically alongwith Ld. Counsel in
Room No.110, Extn. Block building, Tis Hazari Court, at 10.00 am sharp or through Video
Conferencing on the CISCO Webex application to the permanent CISCO Webex Video
Conferencing room ID : 25151759834. Complainant is also directed to appear before the court
physically alongwith Ld. Counsel or through video conferencing. Parties can access information
pertaining to working of Digital NI Act courts through the link 25151759834.
Put up for appearance, grant of bail and framing of notice u/s 251 Cr.P.C on
13.10.2025.
Date is given as per convenience of the party.
Order be uploaded as per rules.
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