Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 CC NI ACT / 10201/2024
Neeraj Choudhary Vs. Prakash Chauhan
26.10.2024
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.
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 20/03/2025.
(Shreya Singh)
Judicial Magistrate First Class,
(NI Act) - 05 (C)/THC/DELHI
26.10.2024
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