Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT5181/2023
BALBIR SINGH Vs. A RAMANIYA
02.03.2024
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. Iqbaluddin, Ld. Counsel for the complainant
This is fresh matter at the stage of consideration.
Original file is not submitted citing paucity of space
at room no. 206, Second Floor, Extension Block, Tis Hazari
Courts, Delhi. The complainant is hereby directed to keep the file
in safe custody and produce the same as and when directed by
this court.
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. I, therefore, take cognizance of the said offence.
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, complaint, affidavit of
evidence 	and 	documents 	considered. 	In 	view 	of 	complaint;
documents 	produced 	with 	respect 	to 	return 	of 	cheque 	on
dishonourment 	and 	service 	of 	legal 	demand 	notice; 	and
verification 	in 	the 	form 	of 	affidavit 	of 	evidence, 	there 	are
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
02.03.2024
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sufficient grounds for proceeding further against accused for
offence punishable under Section 138 NI Act.
Let summons be issued to the accused on filing of
PF/RC/AD/ speed post, returnable on next date. Complainant is
directed to file PF and take steps within one month including
providing copy(ies) of complaint and related documents. Reader-
cum-Ahlmad is directed to issue the summons only after ensuring
that the same has been done. The complainant is also apprised of
the fact that at the time of filing first PF, he is required to fill the
mandatory NI Act Complaint Meta Data.
Service be also effected on the email, WhatsApp
message(s) 	and 	text 	message 	of 	accused 	person(s), 	as
provided by the complainant and further subject to filing of
report of service.
As per the guidelines laid down as in the case titled
as Damodar S. Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663,
the Reader-cum-Ahlmad is directed to mention the following two
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
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
02.03.2024
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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.”
The Reader-cum-Ahlmad is directed to mention the
official email id and video conferencing link of this Court on the
summons. Complainant is directed to file the process fee and
postal envelopes physically, mentioning the details of the case
etc. for issuance of summons to the accused. 	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
physically in Room No.206, Extension Block, Tis Hazari,
Delhi at 10.00 am sharp or through video-conferencing on the
Cisco 	WebEx 	application 	through 	the 	permanent 	Cisco
WebEx 	VC 	Room 	Id
https://districtcourtdelhi.webex.com/join/nicentral3 . 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 05.09.2024.
The order be uploaded as per rules.
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
02.03.2024
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57CC NI ACT6435/2021UNION BANK OF INDIA Vs. M/S S
SAUTO PAINTS PROPRIETOR SANJEEVKUMAR SHARMA
02.03.2024
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. K.S. Ranaut, Ld. counsel for the complainant.
Mr. Sanjeev Sharma, Ld. Counsel for the accused
alongwith accused.
Copy of the paper book already supplied to the
accused, duly acknowledged by the accused.
Particulars 	of 	the 	offence 	and 	substance 	of
accusation 	u/s. 251 Cr.PC have been stated to the accused who
has pleaded not guilty and in view of the judgment of the
Hon’ble High Court of Delhi in Rajesh Aggarwal and another Vs.
State, 171 (2010) DLT 51, the plea of defence of the accused has
been recorded separately.
At this stage, admission/denial of documents under
Section 294 Cr. P.C. has been conducted. Separate Statement of
accused recorded today. Consequent to admission and denial, the
concerned manager/bank officials of 	both the complainant and
accused’s bank as well as official of postal department stand
dropped.
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
02.03.2024
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The plea of defence as well as statement u/s 294 Cr.
PC has been recorded separately.
Ld. Counsel for the accused submits that accused is
ready to settle the matter and accordingly submits that the matter
be referred to the Mediation Centre.
Heard.
Put up for settlement, if any/further proceedings on
06.05.2024.
The order be uploaded as per rules.
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
02.03.2024
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