Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 38 2397/2024 SANTOSH GUPTA Vs. ASHOK CHANDRA
MEHRA
02.04.2025
Present: Complainant with Ld counsel.
Proposed accused absent despite service.
Court notice issued to proposed accused received back served. However he is
absent. It is already 12:50 pm. 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
29.07.2025.
(Navdeep Gupta)
JMFC( NI Act), East/KKD/Delhi/02.04.2025
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