Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 11293/2024
VIPIN KUMAR Vs. PRADEEP CHAUHAN
06.02.2025
Present: Sh. Vipin Tyagi, Ld. Counsel for the complainant.
Complainant in person.
None for proposed accused.
Notice issued to the proposed accused received back served upon the
mother of proposed accused. Tracking report has also been filed by the Ld. Counsel
for the complainant and as per the same, the notice has been served.
The instant complaint has been filed under Section 138 of Negotiable
Instruments Act.
Notice u/s 223 (proviso) BNSS was issued to the proposed accused on
LDOH. Proposed accused has not entered appearance today despite service. It appears
that the proposed accused does not wish to be heard on the point of cognizance.
Accordingly, this Court deems it appropriate to proceed further without hearing the
proposed accused as already sufficient opportunity has been given to him.
Complaint, affidavit of evidence and other documents perused. Prima
facie, complaint appears to have been filed within limitation period and falls within the
territorial jurisdiction of this court. I hereby take cognizance of the offence punishable
under Section 138 of NI Act qua the cheque in question.
Following the law laid down by the Hon'ble Supreme Court in “A. C.
Narayanan Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint, affidavit
of evidence and annexed documents considered. Inquiry under Section 202 Cr.P.C.
conducted.
In view of the same I am satisfied, there are sufficient grounds for
proceeding further against accused person for offence punishable under Section 138 N.
I. Act qua the cheque in question.
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Accordingly, issue summons to accused through post/approved
courier/other permissible modes on filing of PF & RC. PF & RC to be filed within 7
days from today.
Ahlmad is directed to make the following endorsement on the
summons in terms of the guidelines of the Hon'ble Supreme Court in the case of
Damodar S.Prabhu vs Sayed Babalal 2010 5 SCC 663:
(a) Accused can make an application for compounding of the offence at
the first or 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.
(b) If the accused does not make an application for compounding as
aforesaid, then if an application for compounding is made before the
court at a subsequent stage, compounding can be allowed subject to the
condition that the accused will be required to pay 10%of the cheque
amount to be deposited as a condition for compounding with the
District Legal Service Authority.
Further, the process server is directed that in the event of non
availability of the accused or house/office/premises is found to be locked or accused
refuses to accept the service, process be served through affixation.
List the matter for appearance of accused/ furnishing of bail bonds/
framing of notice on 25.04.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
06.02.2025
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