Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 34CC NO. - 4509/2023
HARSH KR GUPTA Vs. RANJAN KUMAR
27.06.2023
Proceedings conducted through video conferencing via Cisco Webex App.
Present - Sh. Akhilesh Kumar, Ld. counsel for the complainant.
E-filing history regarding filing of present matter has been filed on record. Counsel for
the complainant states that the complaint was originally filed on 22.03.2023 and the same is reflected in
e-filing history. There were certain objections raised by the filing center and after clearing the same, the
complaint was again e-filed on a later date. Date of 22.03.2023 is considered for the purpose of calcula-
tion of period of limitation.
Arguments on summoning of accused heard. Complaint and documents filed therewith
perused. In view of the provision u/s. 202 Cr.P.C., an inquiry has been conducted in the present matter
on the basis of the complaint and the documents filed along with it. The complaint appears to be well
within the limitation period. Upon consideration of the complaint, documents filed and examination of
complainant, prima facie there appears to be sufficient ground to proceed against the accused u/s. 138
N.I. Act. I hereby take cognizance of the offence punishable u/s. 138 of Negotiable Instruments Act,
1881.
Let the accused be summoned on filing of PF and the META Data form within 15
days through RC-AD, Speed Post/approved courier services and Whatsapp/Email returnable on
16.11.2023.
Endorsement be made to the effect that offence punishable under section 138 of the
Negotiable Instruments Act, 1881 is compoundable by virtue of section 147 thereof, and should the
Accused disburse/deposit the cheque amount on or before the first date of hearing, the complaint may
be compounded in terms of ratio of judgment in the case of Damodar S. Prabhu Vs. Sayed Babalal
H. (2010) 5 SCC 663.
Reader-cum-Ahlmad is directed to mention the official email ID and video conferencing
link of this Court on the summons.
Put up for appearance of the accused on 16.11.2023.
(NAINA GUPTA)
MM–01 (N.I.Act)/Digital Court Central,
Tis Hazari Courts/Delhi/27.06.2023
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