Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 14206/2024
Arun Sharma Vs. FAISAL HASAN
03.03.2025
Present: Complainant in person with Ld. Counsel Ms. Nisha Kaushik.
None for proposed accused.
Notice issued to the proposed accused not received back.
Complainant has filed proof of Whatsapp service alongwith Certificate u/s
63A of BSA.
It is deemed service upon the proposed accused.
However, 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.
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
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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 29.05.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
03.03.2025
At 02.10 PM
Ld. Counsel for the proposed accused Sh. Yash Vishrant has appeared
through VC and has been apprised of today’s proceedings and NDOH.
Ld. Counsel for the proposed accused submits that the proposed accused
will appear on NDOH and there is not requirement to issue formal summons.
List the matter for appearance of accused/furnishing of bail bonds/ framing
of notice on 29.05.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
03.03.2025
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