Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 14443/2024
ADITYA Vs. VIKAS SHARMA
28.03.2025
Present: Sh. Hemant Pathak, Ld. Proxy Counsel for the complainant.
None for proposed accused.
Notice issued to the proposed accused received back with the report that
the same was served upon the wife of the proposed accused. Proof of Whatsapp
service of notice alongwith supporting affidavit filed. Same be taken on record.
Accordingly, notice has been duly served upon the proposed accused.
However, proposed accused has not entered appearance today despite
knowledge of the present case. 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.
Accordingly, issue summons to accused through post/approved
courier/other permissible modes on filing of PF & RC. PF & RC to be filed within 7
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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 11.07.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
28.03.2025
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