Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI Act No. 3401/2023
PS Pandav Nagar
23.01.2025
Present: Sh. G. P. Dubey and Sh. Neeraj Kushwaha, Ld. Counsels for
complainant alongwith complainant in person.
Matter is at the stage of filing of amended complaint alongwith
amended memo of parties and fresh evidence affidavit.
Amended complaint alongwith amended memo of parties, fresh
evidence affidavit, master data of proposed accused no. 1 company, certificate
u/s 65B of Indian Evidence Act and certain receipt have been filed on behalf of
complainant. Taken on record.
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. 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 both the accused. Hence, I take cognizance of the offence punishable
under Section 138 N.I. Act, 1881.
(ARUSHI PARWAL)
JMFC (NI Act) Digital Court02/East
KKD/Delhi/23.01.2025
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2
Issue summons to both 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 pre
summoning 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
21.04.2025.
(ARUSHI PARWAL)
JMFC (NI Act) Digital Court02/East
KKD/Delhi/23.01.2025
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