Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23CC NI ACT/393/2024Gauhati Cycle Emporium Vs. Shri KishorKumar Dey Proprietor Of
Adabari CycleStore/0 (Patpar GanjIndustrial Area)
06.03.2024
Reader is on leave today.
Fresh case is received by way of e-filing. It be checked and registered.
Present: Sh. Bhavesh Kumar Singh, AR of the complainant in person.
This is fresh matter at the stage of consideration.
Record of the file perused. All the statutory requirements under NI Act are
complied with. After perusal of the entire record, this Court is of the considered opinion that
prima facie case punishable u/s 138 of NI Act is made out against the accused. I, therefore,
take cognizance of the said offence.
Arguments heard on the point of summoning. Following the law laid down in
A. C. Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC 790, complaint, affidavit
of evidence and documents considered. In view of complaint; documents produced with
respect to return of cheque on dishonourment and service of legal demand notice; and
verification in the form of affidavit of evidence, there are sufficient grounds for proceeding
further against accused for offence punishable under Section 138 NI Act.
Let summons be issued to the accused on filing of PF/RC/AD/ speed post,
returnable on next date. Complainant is directed to file PF and take steps within one month
including providing copy(ies) of complaint and related documents. Ahlmad is directed to
issue the summons only after ensuring that the same has been done. The complainant is also
apprised of the fact that at the time of filing first PF, he is required to fill the mandatory NI
Act Complaint Meta Data.
Service be also effected on the email, WhatsApp message(s) and text message
of accused person(s), as provided by the complainant and further subject to filing of report of
service.
As per the guidelines laid down in the case titled as Damodar S. Prabhu Vs.
Sayed Babalal H, (2010) 5 SCC 663, the accused is at liberty to file an application for
compounding of the offence on the first or second date of hearing itself without imposition
of cost. However, failure to do the same and seeking compounding at a later stage will entail
a cost of 10% of the cheque amount. Same be mentioned on the summons.
Put up for appearance of accused, grant of bail and framing of notice under
section 251 Cr.P.C. on 27.08.2024.
(Pooja Yadav)
MM, NI Act/East/KKD Courts/Delhi
06.03.2024
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