Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM(MCD), Date of Order 29.04.2025
East, KKD, Delhi
46 CC NI ACT / 2399/2024 M/s Ativeer Fashion Vs. M/s Vamika
Collection /0 (Gandhi Nagar)
Present: Ld. counsel for the complainant.
None for the accused.
The Counsel for the complainant has also filed the service affidavit
alongwith the screen shot of service through WhatsApp.
The notice on the respondent is received back as delivered, hence,
deemed served. The matter is at the consideration of the present case under Section 138
NI Act, subject to pre-cognizance hearing to the respondent under Section 223(1)
BNSS. Respondent is absent despite being aware of court proceedings.
Arguments shall be heard in his absence.
It is submitted by Ld. counsel for the complainant that the complainant is
situated within the territorial jurisdiction of this court.
Prima facie offence u/s 138 NI Act, 1881 is made out. Accordingly,
cognizance of offence is taken.
The PSE of the complainant is dispensed with in view of judgment of
Hon’ble Supreme Court of India in “AC Narayanan v. State of Maharashtra & Ors.”
passed on 13.09.2013. Heard on issuance of process.
Materials on record suggest sufficient ground to summon the accused.
Accordingly, issue summon on both the address of accused subject to filing PF/RC
within 15 days from today. Summon be sent for service through all permissible modes
including electronic modes.
Dasti summons be also given to the complainant for service through
WhatsApp alongwith screen shot and affidavit of service of the summons and the
complaint upon the accused.
Put up for further proceeding on 29.08.2025.
Scan the QR Code for downloading (Presiding Officer)
the summons, notices and warrants. All ordersheets are digitally signed and uploaded
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