Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 79CC no. 3939/2024
Santosh Devi Jain Vs. Asha
15.04.2024
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.
Fresh case received by way of assignment. It be checked and registered.
Present : AR Rakesh Jain with Ld. Counsel Sh. Harshil Gupta.
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 Asha on filing of PF/RC returnable for 30.08.2024.
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/ 15.04.2024
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