Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CC No. 6854/2023
MR NASIR HUSSAIN Vs. MR RAKESHKAUL
25.08.2023
Proceedings conducted through video conferencing via Cisco Webex App.
Matter taken up through Video Conferencing as per office order of Hon'ble Delhi
High Court as per order no. 4/7/RG/DHC/2020 dated 27.08.2020.
Fresh complaint received by way of assignment in Digital Court. It be checked and
registered as per rules.
Present: Mr. Vishal Patel, Ld. Counsel for complainant.
Matter is listed for appearance of complainant today.
The complainant has been apprised of requirement of deposit of original
documents including dishonour of cheque, dishonour of memo, legal demand notice, dispatch
receipts, service of proof, reply, if any, etc, apart from signed original complaint, supporting
affidavit, and attested affidavit of PSE with the Reader-cum-Ahlmad of the Court.
Matter is at the stage of consideration.
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. Cognizance
taken.
Perusal of file reveals that cheque(s) got presented for encashment and got
returned dishonoured. Accused has failed to make payment within the statutory period despite a
legal notice of demand. The Complaint is within the territorial jurisdiction of this Court and is
withinin limitation in view of the judgement of the Hon’ble Supreme Court in its Suo Motu
Writ Petition (C) No. 3 of 2020 titled In Re: Cognizance for Extension of Limitation.
Enquiry under Section 202 CrPC conducted by scrutinizing documents.
Arguments on summoning heard. Following the law laid down in A.C
Narayanan Vs. State of Maharashtra & Anr. (2014) 11SCC 790, complaint, affidavit of
evidence and documents considered. In view of complaint, documents produced and
verification in the form of affidavit of evidence, there are sufficient grounds for proceeding
further against accused person for offence punishable under Section 138 NI Act.
Issue Summons to Accused on filing of PF/RC/Courier/Speed Post within 30
days, as well as through email, on all the addresses provided by the Complainant. Service
effected by the complainant be subject to filing of report of service.
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In case the service is not possible due to the premises being locked, or due to
unavailability or refusal, the process server is directed to serve the summons by way of
Affixation and file a photograph of the affixed summons clearly indicating the place where they
are affixed in a manner which shows that the affixation has been done on the given address, as
best possible.
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 through video conferencing on
the Cisco V. C Room ID https://delhidistrictcourts.webex.com/meet/nicentral2. 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 01.11.2023.
The order be uploaded as per rules.
(MANYA)
MM (NI Act) Digital Court-02,
Central, THC, Delhi
25.08.2023
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