Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 54 CC NI ACT / 355/2024
Dsfdc Vs. Hitesh Kumar (K.N. Katju Marg)
25.10.2024
(Proceedings conducted through Cisco Webex)
“Case has been received by way of transfer from the Court of Ms. Himanshi Tyagi
Ld. M.M. NI Act Digital Court-01 (North) Rohini Courts, Delhi”.
Present: Sh.Mithlesh Kumar Jha and Surender Kumar Sharma
Ld. Counsel for the complainant alongwith AR of the
complainant.
I take cognizance of offence U/s 138 NI Act. As per the e-
filing history filed by Ld. counsel for complainant through e-mail, the
complaint was filed within limitation.
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 for
offence punishable under Section 138 N. I. Act.
Hence, issue summons against the accused person on
P.F./R.C./Approved Courier for 14.05.2025. Service be also effected on
the email, whatsapp message and text message of accused person, as
provided by the complainant and further subject to filing of report of
service. For felicitation of the same, dasti summons are permitted. 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 with respect to the compoundable
nature of the offence as per the judgment in
Damodar S. Prabhu; (2010)
5 SCC 663.
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 10 days including providing copy of complaint
otherwise the complaint may be dismissed U/s 204(4) Cr.P.C.
Put up for appearance of accused on 14.05.2025.
(Ankit Solanki)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
25.10.2024
-- 1 of 1 --