Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 49CC NI ACT/6800/2024 DLCT020225732024
Bablani Aircon Vs. Nayyar Electronic City
19.10.2024
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.
Present : Complainant Jitender Bablani with Ld. Counsel Ms. Shalu.
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 no. 3 Amit Nayyar only since the cheque pertains to the individual
account of Amit Nayyar on filing of PF/RC returnable for 18.01.2025 as per
Section 144 NI Act.
Cognizance stands declined qua accused no. 1 and 2 since they
are neither the drawers of the cheque nor the signatories of cheque.
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/ 19.10.2024
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