Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6CC NI ACT/9078/23
Tarun Creations Vs. M/s Ram Chandra Tilak Raj Through its partners Rakesh
Bhasin and Ram Chandra and Tilak Raj
18.05.2024
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 : Sh. Manish Chauhan, Ld. Counsel for the complainant.
Amended memo of parties filed. Perused.
Complainant is pressing the complaint against the partnership firm
Ram Chandra Tilak Raj and the partner Rakesh Bhasin who is stated to be the
signatory of the impugned cheques.
Pre-summoning evidence tendered by way of affidavit as CW-1.
Arguments on summoning of accused heard.
Peused. 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. Accordingly, issue
summons to the accused no. 1 M/s Ram Chandra Tilak Raj (drawer firm) and
against accused no. 2 Rakesh Bhasin (signatory) on filing of PF/RC as well as
through SHO concerned, returnable for 03.10.2024.
As per the guidelines laid down in the case titled as “Damodar S.
Prabhu Vs. Syed 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 atleast 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)
MM, NI Act-06, Central District, THC/ 18.05.2024
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