Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 CC NI ACT / 1480/2024 Balkishan Goel Vs. Nishant Jain /0 (Laxmi Nagar)
08.07.2024
Regular stenographer is on leave today.
This is a fresh case. It be checked and registered.
Present: Ms. Pooja Sarwal,Ld. counsel for complainant with complainant.
Matter is 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 no. 1 only (being signatory of the cheque in
question) 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 29.11.2024
(Pooja Yadav)
Judicial Magistrate-1st Class, NI Act
East/KKD Courts/Delhi
08.07.2024
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