Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 25 CC NI ACT/12139/2024
Bhim Sain Vs Dharmender Shakya Alias Bandar
14.03.2024
Fresh complaint case received by way of assignment (through e-filing). It be
checked and registered as per rule. (Physical file received).
Present: Sh. M.M. Hussain, Ld. Counsel for the complainant.
On the basis of the complaint and the original documents
annexed with the complaint, the court is satisfied that the complaint is filed
within limitation period and falls in the territorial jurisdiction of this court.
Accordingly, cognizance of the offence is taken.
Complaint, affidavit of evidence and documents considered.
In light of judgment titled as “A. C. Narayanan Vs. State of Maharashtra &
Anr.” (2014) 11 SCC 790, wherein Hon'ble Supreme Court of India held
that “...it is a matter of discretion and the Magistrate is not bound to call
upon the complainant to remain present before the court and to examine him
upon oath for taking decision whether or not to issue process on the
complaint under Section 138 of the NI Act”, this court is of the opinion that
there is no need to examine the complainant for purpose of issuance of
process. There are sufficient grounds for proceeding further against accused
for offence punishable under Section 138 N. I. Act.
Hence, issue summons against the accused, on
P.F./R.C./Approved Courier for 25.05.2024. The complainant can provide
email address/whatsapp number of accused person, if any for service. The
service of summons through email, whatsapp message(s) and text
message(s) is also permitted provided the complainant files an affidavit to
the effect that number on which the said message(s) are sent is/are of the
accused and further subject to filing of report of service. The process server
is directed to serve the summons by way of affixation, if premises found
closed or same could not be served personally or on any adult male member.
An endorsement be also made that if application for
compounding at first or second hearing is made the court may pass
appropriate orders at the earliest as per judgment of M/s Meters and
Instruments P. Ltd Vs. Kanchan Mehta, (2018) 1 SCC 560 and if settlement
is made at subsequent stage the consequences as envisaged in
Damodar S.
Prabhu (2010) 5 SCC 663 shall be enforced.
Complainant is directed to file PF and take steps within 30
days including providing copy(ies) of complaint otherwise the complaint
may be dismissed U/s 204(4) Cr. P.C.
(Abhinav Singh)
MM-04(NI Act)/PHC/NDD
14.03.2024
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