Order 3

Order Details: COPY OF ORDER
Pdf Text: 14 CC NI ACT / 1892/2024 MR MURARI BAJAJ Vs. VIKAS SHAKYA /0 (Preet
Vihar)
07.04.2025
Present: Ms. Alikazi, Ld. Counsel for complainant along with AR.
None for proposed accused.
Court notice issued to proposed accused received back unserved.
Report perused. It appears that the accused is deliberately not appearing before
the Court. Accordingly, right of proposed accused to make submissions on point
of summoning in terms of provision u/s 223 BNSS stands closed.
Arguments heard on the point of summoning.
Record of the file perused. Following the law laid down in A. C.
Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC 790 and 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
on 11.08.2025.
(Navdeep Gupta)
JMFC( NI Act), East/KKD/Delhi/07.04.2025
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