Order 1

Order Details: COPY OF ORDER
Pdf Text: 45 CC NI ACT / 13400/2025
Ugro capital limited Vs. Shree Baalaji Traders
24.09.2025
Proceedings conducted through video conferencing via Cisco Webex App.
Matter taken up through Video Conferencing as per office order of Hon'ble Delhi High
Court as per order no. 4/7/RG/DHC/2020 dated 27.08.2020.
Present: None for the 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 cognizance 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 on filing of PF 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
on filing of PF 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 27.03.2026.
The order be uploaded as per rules.
(Mayank Aggarwal)
JMFC (NI Act) Digital Court-02,
Central, THC, Delhi, 24.09.2025
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