Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: (Raj Kumar Singh)
MM (NI Act), Digital Court-03,
Central, THC,Delhi
07.08.2023
42CC NI ACT5985/2023
ROHIT LAMBA Vs. SHAILENDER SAXENA
07.08.2023
Proceedings conducted online through VC using Cisco Webex.
Present: 	Mr. Darpan Tandon, Ld. counsel for the complainant
alongwith 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.
Let summons be issued to the accused on filing of
PF/RC/AD/ speed post, returnable on next date. Complainant is
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(Raj Kumar Singh)
MM (NI Act), Digital Court-03,
Central, THC,Delhi
07.08.2023
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 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
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(Raj Kumar Singh)
MM (NI Act), Digital Court-03,
Central, THC,Delhi
07.08.2023
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 01.03.2024.
The order be uploaded as per rules.
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