Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 25CC NI ACT6984/2023TUSHAR VERMA Vs. RUKMANI DEVI
03.02.2024
Proceedings conducted online through VC using Cisco Webex as
well as through Hybrid Mode.
Vide order No.8431-64/DHC/Gaz./G-7/VI.E2(a)/2023 dated
14.12.2023 passed by Hon’ble High Court of Delhi, the
undersigned has been assigned the work of Digital Court No.-
03, Central District, Delhi.
Present: Mr. Umesh Chaubey, Ld. counsel for the
complainant alongwith complainant.
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
directed to file PF and take steps within one month including
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
03.02.2024
-- 1 of 3 --
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
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
03.02.2024
-- 2 of 3 --
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
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 13.08.2024.
The order be uploaded as per rules.
(Manya)
(Incharge) MM (NI Act),
Digital Court-03, Central, THC,Delhi
03.02.2024
-- 3 of 3 --