Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI Act No. 3658/2023
PS Shakarpur
21.12.2024
Fresh case received by way of transfer. It be checked and
registered as per rules.
Present: Sh. J. N. Pathak, Ld. Counsel for complainant (through VC).
AR of complainant is absent.
Matter is at the stage of consideration on present complaint.
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 the accused. Hence, I take cognizance of the offence punishable under
Section 138 N.I. Act, 1881.
Issue summons to 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 six weeks.
(ARUSHI PARWAL)
JMFC (NI Act) Digital Court02/East
KKD/Delhi/21.12.2024
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Complainant is directed to supply the complete set of documents filed in the
court including the presummoning 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
23.05.2025.
(ARUSHI PARWAL)
JMFC (NI Act) Digital Court02/East
KKD/Delhi/21.12.2024
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