Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: CC No.15014/2023, 15021/2023
20.12.2024
Today, the undersigned is looking after the work of Ld. Link
JMFC.
Matter taken up through hybrid hearing.
Present : Sh. Amit Gupta, Ld. Counsel for the complainant
through VC.
Complete case file alongwith original documents as
well as PSE affidavit of the complainant has been filed.
The present complaint is filed for the offence
punishable under Section 138 of Negotiable Instruments Act,
1881. The Complaint is filed within limitation and is within the
territorial jurisdiction of this court. On the basis of the averments
contained in the complaint, an offence under Section 138 N.I. Act
appears to have been committed. In the considered opinion of
this Court, prima facie, there is sufficient material available on
record to proceed further. I hereby take cognizance of the offence
u/S 138 NI Act.
In light of the decision of the full bench of Hon'ble
Supreme Court of India in “A. C. Narayanan v. State of
Maharashtra & Anr.” (2014) 11 SCC 790, there is no
requirement to examine the complainant at the pre-summoning
stage for the purpose of issuance of process against the accused.
Complaint, evidence affidavit and annexed documents
considered. No other witness is sought to be examined on behalf
of the complainant at this stage. Relevant inquiry under Section
202 Cr.P.C. conducted. In the considered opinion of this court,
there are sufficient grounds for proceeding against the accused in
the present matter.
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Accordingly, let summons be issued to the accused
through all permissible modes on filing of PF within 20 days
from today, returnable on 05.06.2025.
In case the house of the accused is found to be
locked, process server is directed to affix the summons on
conspicuous place.
As per the guidelines laid down as in the case titled
as “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 (by adding separate sheet, if required)
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.”
Summons be also sent through speed post and
internet generated tracking report of summons sent through speed
post be placed on record by NDOH.
Complainant is directed to file PF and to provide a
copy of complaint to the accused otherwise the complaint may
be dismissed U/s. 204(4) Cr.P.C.
(Poonam Singh)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/20.12.2024
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