Order 5

Order Details: COPY OF ORDER
Pdf Text: 26 CC NI ACT / 1924/2024 RAJESHWAR SINGH Vs. ANKIT VOHRA
04.02.2025
Present: Complainant with Ld counsel.
None for proposed accused persons.
Ms Asha Balodhi, Ahlmad from the court of Sh Vikas Garg, in person.
Ld counsel for complainant submits that no settlement could be arrived at mediation
centre.
None has appeared on behalf of proposed accused persons despite repeated calls.
Ahlmad has appeared with the original record of the present case which is annexed with
the case file bearing CS no. 447/2024 pending before the court of Sh Vikas Garg, Ld DJ, East, KKD,
Delhi. Original record seen and returned.
Since no one has appeared on behalf of proposed accused persons, therefore, their right
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 persons on filing of PF/RC/AD/ speed post,
returnable on next date. Complainant is directed to file PF and take steps within one week 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 11.03.2025.
(Navdeep Gupta)
JMFC( NI Act), East/KKD/Delhi/04.02.2025
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