Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 495-2023
RNVP TECHNOLOGY PVT LTD Vs. RAJ KUMAR SINGH
Proceedings conducted through video conferencing via Cisco Webex
App.
Present: Sh. Ishu Kanwal, Ld. Counsel for complainant.
COGNIZANCE AND SUMMONING ORDER
Pre-summoning evidence led. Arguments on summoning heard.
Entire record including the complaint and the annexed documents perused
thoroughly. It is alleged that accused issued the cheque in question bearing no. 009997 dated
06/10/2022 for Rs. 1,02,944/- to the complainant in discharge of liability. On presentation, the same
got dishonoured vide return memo dated 10/10/2022, for the reason FUNDS INSUFFICIENT.
Thereafter, demand notice dated 07/11/2022 was sent to the accused by the complainant. Despite
service/ deemed service of said notice, accused has failed to make the payment within 15 days as
per provisions of the Negotiable Instruments Act, 1881.
On consideration of the complaint, annexed documents and verification affidavit of
the complainant, this Court is of the opinion that prima facie there are sufficient grounds for
proceeding against the accused mentioned below for the commission of offence under Section 138,
Negotiable Instruments Act, 1881. The complaint is filed within the period of limitation as
prescribed under Section 142(1)(b) of the Negotiable Instruments Act, 1881.
I hereby take cognizance of the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.
In terms of inquiry conducted under Section 202 CrPC, all the statutory requirements
have been complied with. I am also prima facie satisfied that the offence has been committed within
the jurisdiction of this court. Hence, issue summons against the accused on PF/RC/Approved
Courier. Service be also effected on the email and whatsapp message(s), as provided by the
complainant and further subject to filing of report of service. Necessary particulars be filed on
affidavit within 7 days. For facilitation of the same, dasti summons are permitted. The process
server is directed to serve the summons by way of affixation in terms of Sec. 65 CrPC, if premises
found closed or same could not be served personally or on any adult male member.
(Shivam Gupta)
MM,NI Act, Digital Court-2
28.03.2024
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As per the guidelines laid down in Damodar S. Prabhu Vs. Sayed Babalal H, AIR
2010 (SC) 1907, Ahlmad is directed to make a mention on the summons issued against the accused
that “accused can make an application for compounding of the offence at the first and second
hearing of the case and if such an application is made, compounding may be allowed by the Court
without imposing any costs on the accused.”
Put up for appearance of accused/framing of notice/further proceedings if any on
12.12.2024.
(Shivam Gupta)
MM,NI Act, Digital Court-2
28.03.2024
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