Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 33CC NI ACT/3293/2024
DLCT020093122024
Vikas NagpalVs.Sagar Aggarwal
22.05.2024
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 : Complainant in person (himself an advocate).
Complainant has filed ordinary days for service of summons as per
the department of post. Same be taken on record. Further, complainant has
also filed copy of purported sale deed executed in favour of the accused as per
which address bearing no. 1159, First Floor, Kuccha Mahajani, Chandni
Chowk, delhi-06 pertains to the accused and the legal notice was sent to the
accused at the same address. 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 Sagar Aggarwal on filing of PF/RC as well as through SHO
concerned returnable for 30.07.2024.
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/ 22.05.2024
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