Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 52
CC NI ACT/4951/2024
DLCT020141042024
Laxmi Publications Pvt Ltd
Vs.
Achyut Agarwal
13.09.2024
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 : Sh. Bhaskar Trivedi, Ld. Counsel for the complainant with AR.
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. Cognizance of offence u/s 138 NI Act
against accused, is taken u/s 142 NI Act. Accordingly, issue summons to the accused
Achyut Agarwal (proprietor of Gyan Mandir) on filing of PF/RC returnable for
13.12.2024 as per Section 144 NI Act.
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)
JMIC, NI Act-06, Central District, THC/13.09.2024
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