Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 49CC NI ACT / 8034/2024
M/S LMC Enterprises Pvt Ltd Vs. Shri Vijay Ramniklal Shah
13.09.2024
Regular stenographer is on leave.
Present:- Counsel for complainant.
The present complaint has been filed on / after 1st
July 2024 i.e after the enforcement and implementation of the
Bhartiya Nagrik Suraksha Sanhita 2024 (hereinafter BNSS).
As per section 531, of the BNSS the present
complaint shall be governed by provisions of BNSS and not by
the CrPC.
This is a fresh complaint filed u/s 138 of the NI Act.
The complaint has to be accompanied by the
appropriate certificate required as per provisions of Section 63 of
the Bhartiya Sakshya Adhiniyam 2024 to support the electronic
record.
It is further made clear that Proviso I of the Section
223 of the BNSS clearly states that “ no cognizane of an offence
shall be taken by the Magistrate without giving the accused an
opportunity being heard”
Accordingly, no cognizance of the present complaint
shall be taken unless the accused is given appropriate and
reasonable opportunity of being heard.
In view of the mandate of Section 223 of the BNSS,
let court notice be issued to the proposed accused to appear
before the court and argue as to why cognizance should not be
taken of the present complaint.
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Let court notice to the proposed accused be
issued through all permissible modes including the e-mode by
the Nazarat Branch.
Put up for appearance of the proposed accused and
argument on the point of cognizance of the present complaint on
06.12.2024.
(Divya Gupta)
Judicial Magistrate First Class,
(NI Act) - 05 (C)/THC/DELHI
13.09.2024
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