Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 35CC NI ACT5536/2023
ABHISHEK SARAF Vs. BHAGA RAM
27.07.2023
Proceedings 	conducted 	online 	through 	VC 	using 	Cisco
Webex.
Present: 	Sh. 	Ashok 	Kumar 	Goyal, 	Ld. 	Counsel 	for 	the
complainant.
Matter is at the stage of consideration.
Original file is not submitted citing paucity of space
at room no. 182. 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
sufficient grounds for proceeding further against accused for
offence punishable under Section 138 NI Act.
(Raj Kumar Singh)
MM (NI Act), Digital Court-03,
Central, THC,Delhi
27.07.2023
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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
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
(Raj Kumar Singh)
MM (NI Act), Digital Court-03,
Central, THC,Delhi
27.07.2023
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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
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 12.02.2024.
The order be uploaded as per rules.
(Raj Kumar Singh)
MM (NI Act), Digital Court-03,
Central, THC,Delhi
27.07.2023
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