Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI Act No. 1768/2023
PS Kalyan Puri – Circle
25.02.2025
Fresh case received by way of transfer. It be checked and
registered as per rules.
Present: Sh. Parth Bhardwaj, Ld. Counsel for complainant alongwith
complainant in person.
Bank witness Sh. Ghulam Murtaza, Senior Branch Manager,
Punjab National Bank, Trilokpuri Branch in person.
Matter is at the stage of consideration on present complaint.
Perusal of record reveals that witness from bank of complainant
had been summoned to clarify the date of receipt of receipt of return memo in
question by the complainant.
CW2/ bank witness has been examined and discharged. Diet
money has been paid to the said witness.
Presummoning Evidence by way of affidavit has been filed on
behalf of the complainant. Original documents have been filed on record along
with complaint. Statement of the complainant/ AR of complainant at pre
summoning stage stands dispensed with in terms of judgment of Hon’ble
Supreme Court of India in ‘A. C. Narayanan v. State of Maharashtra & Anr.
[(2014) 11 SCC 790]’.
Arguments on point of summoning have been heard. File has
been perused. All the statutory requirements under NI Act are complied with.
The present complaint case is filed within period of limitation.
(ARUSHI PARWAL)
JMFC (NI Act) Digital Court02/East
KKD/Delhi/25.02.2025
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2
On examination of documents filed along with the present complaint, the Court
is satisfied that prima facie offence punishable under Section 138 of N.I. Act is
made out against the accused. Hence, I take cognizance of the offence
punishable under Section 138 N.I. Act, 1881.
Issue summons to the accused on filing of PF, RC and speed post
as well as by electronic mode details (WhatsAPP and Email). Summons may
be served by way of affixation in case the premises of the accused are found
locked or if the summons could not be served personally or upon a male family
member. Steps be taken within two weeks. Complainant is directed to supply
the complete set of documents filed in the court including the presummoning
evidence affidavit of complainant. Ahlmad is directed to issue the summons only
after ensuring that the same has been done.
Ahlmad is directed to make the endorsement on the summons in
terms of the guidelines of Hon’ble Supreme Court passed in ‘Damodar S.
Prabhu v. Sayed Babalal H. [(2010) 5 SCC 663]’. Ahlmad is directed to mention
the official email ID and VC Link of this Court on the summons.
Put up for appearance of the accused and further proceedings on
15.07.2025.
(ARUSHI PARWAL)
JMFC (NI Act) Digital Court02/East
KKD/Delhi/25.02.2025
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