Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 38 CC NI ACT 5584/2023
PRAMOD KUMAR PRAJAPATI Vs. JITENDER KUMAR
24.10.2024
Proceedings conducted online through VC using Cisco Webex as well
as through Hybrid Mode.
Present : 	Mr. Sanjeev Kumar, Ld. counsel for the complainant
alongwith complainant through V.C.
Matter is listed for consideration.
Due to the paucity of space at room no. 206, Second
Floor, Extension Block, Tis Hazari Courts, Delhi, original file is not
submitted. The complainant is hereby directed to keep the file in safe
custody and produce the same as and when directed by this court.
(1) 	After 	perusal 	of 	the 	entire 	record 	including 	the
complaint, an affidavit of evidence and other annexed documents, it is
reflected that all the statutory requirements under NI Act are complied
with. This Court is of the considered opinion that prima facie case
punishable U/s 138 of NI Act is made out and therefore, I take
cognizance of the said offence.
(2) 	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
sufficient grounds for proceeding further against accused for offence
punishable under Section 138 NI Act.
(3) 	Hence, issue summons against the accused person on
P.F./R.C./Approved Courier/Speed post, returnable on next date of
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/24.10.2024
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hearing. Service be also effected on the email, whatsapp message(s)
and text message of accused person, as provided by the complainant
and further subject to filing of report of service. For felicitation of the
same, 	dasti 	summons 	are 	permitted. 	In 	the 	event 	the
house/office/premises is found to be locked/refusal to accept the
service/any other contingency the process be served through affixation
in terms of Section 65 Cr.P.C.
(4) 	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 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.”
(5) 	Complainant is directed to file the process fee as well as
postal envelopes physically, mentioning the details of the case etc. for
issuance of summons to the accused and take steps within 15 days
including providing copy(ies) of complaint otherwise the complaint
may be dismissed U/s 204(4) Cr.P.C. 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. Reader-cum-Ahlmad is
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/24.10.2024
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directed to issue the summons only after ensuring that the same has
been done.
(6) 	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
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 15.04.2025.
(
Short date is not possible due to the heavy pendency of
cases in this court).
The order be uploaded as per rules.
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/24.10.2024
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