Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 23CC NI ACT4443/2023MEENAKSHI Vs. NITIN SHARMA
23.12.2023
Proceedings conducted online through VC using Cisco Webex as
well as through Hybrid Mode.
Vide 	order 	No.8431-64/DHC/Gaz./G-7/VI.E2(a)/2023 	dated
14.12.2023 	passed 	by 	Hon’ble 	High 	Court 	of 	Delhi, 	the
undersigned has been assigned the work of Digital Court No.-
03, Central District, Delhi.
Present: 	Mr. Rajesh Hooda, Ld. counsel for the complainant.
Matter is at the stage of consideration.
Record 	of 	the 	file 	perused. 	All 	the 	statutory
requirements under NI Act are complied with. After perusal of
the entire record, this Court is of the considered opinion that
prima facie case punishable u/s 138 of NI Act is made out against
the accused. Cognizance taken.
Perusal of file reveals that cheque(s) got presented
for encashment and got returned dishonoured. Accused has failed
to make payment within the statutory period despite a legal
notice 	of 	demand. 	The 	Complaint 	is 	within 	the 	territorial
jurisdiction of this Court and is within in limitation. Enquiry
under Section 202 CrPC conducted by scrutinizing documents.
Arguments on summoning heard. Following the law
laid down in A.C Narayanan Vs. State of Maharashtra & Anr.
(2014) 	11SCC 	790, 	complaint, 	affidavit 	of 	evidence 	and
documents 	considered. 	In 	view 	of 	complaint, 	documents
produced and verification in the form of affidavit of evidence,
there 	are 	sufficient 	grounds 	for 	proceeding 	further 	against
accused person for offence punishable under Section 138 NI Act.
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
23.12.2023
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Issue 	Summons 	to 	Accused 	on 	filing 	of
PF/RC/Courier/Speed Post within 30 days, as well as through
email, 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 affixed in a manner which
shows that the affixation has been done on the given address, as
best possible.
The Reader-cum-Ahlmad is directed to mention the
official email id and video conferencing link of this Court on the
summons. Reader-cum-Ahlmad is further directed to preserve PF
form, 	service 	report, 	postal/ 	courier 	envelopes 	and 	upload
scanned copies thereof on the LAYERS 2.0.
Accused 	is 	directed 	to 	appear 	before 	this 	court
through 	video 	conferencing 	on 	the 	Cisco 	V. 	C 	Room 	ID
https://delhidistrictcourts.webex.com/meet/nicentral2. Parties can
access 	information pertaining 	to working of 	Digital 	NI Act
Courts 	through 	the 	link
https://delhicourts.nic.in/digitalnicourts.html.
Put up for appearance of accused, grant of bail and
framing of notice under Section 251 Cr. P.C on 26.04.2024.
The order be uploaded as per rules.
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
23.12.2023
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