Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 21
CC NI ACT 2889/2023
SHAKTI SHARAN MISHRA Vs. AJAY KUMAR YADAV
(Shakarpur)
11.03.2025
Matter taken up through VC on Cisco Webex.
Present: Sh. Atul Sharma, Ld. Counsel for the complainant.
Cost remains unpaid. Complainant is directed to comply with the order of this
court on the NDOH.
Ld. Counsel for the complainant has filed the e-filing history before this court
wherein it has been shown that the case has been filed within the limitation period. Same be
taken on record.
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 04.08.2025. 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.
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An endorsement be also made that if application for compounding at first or
second hearing is made the court may pass appropriate orders at the earliest as per judgment
of M/s. Meters Meters and Instruments (P) Ltd. v. Kanchan Mehta, (2018) 1 SCC 560 and if
settlement is made at subsequent stage the consequences as envisaged in Damodar S.
Prabhu; (2010) 5 SCC 663 shall be enforced.
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 04.08.2025.
(Shiva Parashar)
JMFC (NI Act) Digital Court-01
East /KKD Courts 11.03.2025
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