Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 9 CC NI ACT 7935/2023
HIMANSHU GARG Vs. SUNIL KUMAR
02.05.2024
Present: Sh. Saurabh Kumar Kaushik, Ld. Counsel for the complainant alongwith
complainant.
The AR/Complainant has tendered his presummoning evidence by way of affidavit
Ex.CW1 /A. The same is taken on record vide a separate statement. Documents filed by the
complainant alongwith the affidavit exhibited. Presummoning evidence is closed at the instance of
the complainant/AR of the complainant.
After going through the complaint and the affidavit of the complainant and after
considering the issues of limitation, jurisdiction and cause of action, this court is of the opinion that
prima facie a case for offence punishable U/s 138 NI Act, 1881 is made out against the accused.
Therefore, I take cognizance of offence U/s 138 NI Act.
Arguments on the point of summoning heard and documents perused. I have also
gone through the impugned cheque, bank return memo, legal demand notice and other documents
placed on record. I have also checked the mode of the sending of demand notice. The complaint is
filed within the period of limitation. There are sufficient grounds for proceeding further against the
accused for offence punishable under Section 138 N. I. Act, 1881.
Hence, issue summons against accused on P.F./R.C./Approved Courier for
03.10.2024. The complainant can provide email address of accused person(s), if any for service.
The service of summons through what's app message(s) is also permitted provided the complainant
files an affidavit to the effect that number on which the said message(s) are sent is/are of the accused
person(s) and further subject to filing of report of service. In such event, the Ahlmad shall prepare
notice and send them to Nazarat Branch to effect service through email or whatsapp . The process
server is directed to serve the summons by way of affixation, if premises found closed or same could
not be served personally or on any adult male member. Dasti summons be also provided, if
demanded.
An endorsement be also made that if application for compounding at first or second
hearing is made the court may pass appropriate orders at the earlier as per judgment of Damodar S.
Prabhu cited as (2010) 5 SCC 663.
Complainant is directed to file PF and take steps within 20 days including
providing copy(ies) of complaint otherwise the complaint may be dismissed U/s 204(4) Cr. P.C.
(NITISH KUMAR SHARMA)
M.M.01(N.I.Act)/Central,
THC/Delhi/02.05.2024
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