Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16 CC NI ACT / 923/2024 Rishabh Maggo Vs. Vikas Tandan /0 (Preet Vihar)
09.09.2024
Matters are taken up through hybrid mode.
Present: Sh. Kushagra Goyal Ld. counsel for complainant.
Matter is at the stage of consideration.
Affidavit of service of legal demand notice upon the proposed accused through
Whatsapp alongwith 65 B Certificate of IEA has been filed on behalf of the complainant. Taken on
record. Perused.
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 20.01.2025.
(Pooja Yadav)
Judicial Magistrate-1st Class, NI Act
East/KKD Courts/Delhi/09.09.2024
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