Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 1653/2023
M/S TRIDEV BHUMI CO OPERATIVE SOCIETY URBAN THRIFT AND CREDIT
SOCIETY LTD. Vs. KISHOR TRIPATHI
(Laxmi Nagar)
29.08.2024
Matter taken up through VC on CISCO Webex.
Present: Ld. Counsel Sh. Soban Singh Rawat for the complainant.
Registry for the notice issued to the respondent received back with the report
refused. It is deemed service in law, however none is appearing on behalf of the respondent. It
seems that the respondent is not willing to raise any arguments on the application for
condonation of delay.
Submissions heard on behalf of the Ld. Counsel for the complainant.
Upon hearing the submission, the application for condonation of delay is
allowed.
This is complaint filed for offence punishable under Section 138 N. I. Act.
Complaint, affidavit of evidence and other annexed documents perused. I take cognizance of
said offence.
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 and verification in the form of affidavit of evidence, there are
sufficient grounds for proceeding further against accused person(s) for offence punishable under
Section 138 NI Act.
The Ld. Counsel for the complainant has submitted the physical file along with all
the documents in original in the court. The Reader/Ahlmad is directed to keep the file in the
safe custody. Hence, issue summons against the accused person on P.F./R.C./Approved Courier
for 25.02.2025. 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. The process server is directed to serve the summons by way of affixation, if premises
found closed or same could not be served personally or on any adult male member.
The Ahlmad is directed to mention the official email id and video conferencing
link of this Court on the summons. Ld. Counsel for the complainant has already filed Meta Data
form. Complainant is directed to file PF and take steps within 07 days including providing
copy(ies) of complaint otherwise the complaint may be dismissed U/s 204(4) Cr. P.C.
Put up for appearance of accused on 25.02.2025.
(KAVITA BIST)
JMFC (NI Act) Digital Court
East /KKD Courts 29.08.2024
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