Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 95 CC NI ACT / 32689/2024
Ramesh Chander Gupta Vs. Shabnam Ali
18.03.2025
Present: Sh. A.K. Verma, Ld. Counsel for the complainant.
None for the proposed accused.
Matter is listed for consideration on summoning.
Ld. Counsel for the complainant submits that in
compliance with the previous order, copy of complaint was supplied
to the opposite counsel. Proof of service filed.
Today the matter is fixed for hearing on summoning of
the accused, however, neither the proposed accused nor her counsel is
present.
Affidavit of evidence and other annexed documents also
perused. This court finds sufficient material to proceed further and
thus I take cognizance of the offence punishable u/s 138 NI Act.
In view of order of Hon'ble Supreme Court dated
16.04.2021 in Suo Motu WP (Crl.) No. 02/2020 titled as “In Re:
Expeditious Trial of Cases under Section 138 of the NI Act, 1881”,
an inquiry under Section 202 Code of Criminal Procedure, 1973 is
made, as accused is resident of the area beyond the territorial
jurisdiction of this court. On perusal of entire record, prima facie
material is sufficient to proceed against the accused.
Following the law laid down in A. C. Narayanan Vs.
State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint,
affidavit of evidence and documents considered. In view of complaint,
documents produced and verification in the form of affidavit of
evidence, there are sufficient grounds for proceeding further against
accused person namely SHABNAM ALI, for offence punishable
under Section 138 N. I. Act. Therefore, I hereby summon the said
accused person.
Ahlmad is hereby directed to issue summons against the
accused persons on filing of P.F./R.C./Approved Courier as well as
through e mail ID and whatsapp number of accused persons on
furnishing of the correct e mail ID and whatsapp Number of the
accused persons by the complainant. Ld. Counsel for the
complainant is also directed to fill up the online META Data form at
Contd..2/-
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the time of filing of first process fee as mandated by the SOP issued by
the Hon’ble High Court of Delhi. Proof of service/tracking report be
filed and updated in the digital file on or before the next date of
hearing. Any previous correspondence between the parties on the
same email. Whatsapp or phone number to be filed along with the
tracking report. 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. Further, the
complainant is to file an affidavit to the effect that the e mail address
and or number on which the said message (s) are sent is/ are of the
accused person(s) along with certificate u/s 65 B of Indian Evidence
Act and a digital copy of screenshot of such service be necessarily
attached with a report on summons.
The Ahlmad is directed to mention the official email Id
and video conferencing link of this Court on the summons.
Complainant is directed to file PF and take steps within 4 weeks
including providing copy(ies) of complaint. Matter be fixed for
appearance of accused and framing of notice on 30.06.2025 at 10:00
AM.
(Neha Sharma)
JMFC-04(NI Act)/PHC/NDD
18.03.2025
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