Order 11

Order Details: COPY OF ORDER
Pdf Text: CT Case No. 13/2023
	Satyam Gupta Vs. Sanoj Verma
(Khajuri Khas)
	Page no. 1
of 2
IN THE COURT OF MS. SHRUTI SARASWAT, JUDICIAL MAGISTRATE
FIRST CLASS-03, NORTH-EAST
KARKARDOOMA COURTS, DELHI
ORDER ON SUMMONING
CT Cases13/2023
SATYAM GUPTA Vs. SANOJ VERMA
Present: Sh. Sunil Dutt Sharma, Ld. Counsel for complainant through
VC.
1. Detailed arguments on the point of summoning were heard. I have
perused the record carefully.
2. Briefly put, it is the case of the complainant that on 08.07.2022,
accused came to the shop of complainant and purchased ornaments including ear
and nose rings in the tune of Rs.1,80,000/- with a promise that payment shall be
made in few months. Further, gold ornaments/ articles were delivered to accused
against invoice in the presence of Sh. Vinit Kumar, father of complainant and
other staff namely Chote Lal and Sh. Shivam Gupta on 08.07.2022. Complainant
requested payment from accused, however, they made one pretext or other.
Complainant came to know that accused is involved in commercial cheating
activities. A call was made at 112 number and police came at the spot and tried
to resolve the issue but accused refused. Complainant requested several times for
repayment from accused but of no avail. Complainant made a complaint No.
81730152201 dated 07.11.2022 to PS Khajuri Khas. Complainant had also lodged
written complaint DCP North-East but police did not take any action.
6. Complainant has examined himself as CW1, Sh. Vinit Kumar as
CW2 and Sh. Shivam Gupta as CW3 in pre-summoning evidence in support his
case.
7. I have heard the arguments and have perused the record carefully.
8. It is settled legal proposition that at the stage of issuing process, the
court is primarily concerned with the allegations made in the complaint and the
-- 1 of 2 --
CT Case No. 13/2023
	Satyam Gupta Vs. Sanoj Verma
(Khajuri Khas)
	Page no. 2
of 2
evidence led in support of the same. The court is only to be prima-facie satisfied
as to be whether there are sufficient grounds for proceedings against the proposed
accused persons.
9. In the present facts, at this stage, considering the facts and
circumstances of the case and the allegations made and the documents placed on
record by the complainant and witnesses examined by her in her support, the
complainant has been able to
prima facie show that proposed accused had cheated
the complainant and has criminally intimidated the complainant. Further, he has
able to show that proposed accused has committed an act with the intent of fraud.
Further, the proposed accused threatened to the complainant several times. In this
regard, complainant had lodged complaint dated 07.11.2022 to SHO PS Khajuri
Khas and to DCP concerned vide Ex.CW1/1 and Ex.PW1/2.
12. In view of the above said discussion, the complaint of the
complainant is allowed to the extent qua the proposed accused against whom he
is able to show that there is a prima-facie material against them to proceed
further. Hence, the proposed accused be summoned for offences u/s 420/506 IPC
for 16.09.2026.
Announced in Open Court
Today on 20.04.2026
(ShrutiSaraswat)
JMFC-03/NE/KKD Court
Delhi/20.04.2026
-- 2 of 2 --