Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24 CC NI ACT / 401/2024
Jsj Traxim Private Limited Vs. Umer Rashid (Mukherji Nagar)
12.02.2025
(Proceedings conducted through Cisco Webex)
Present: Sh. Akash Mishra, Ld. Counsel for the complainant.
I have gone through the complaint and annexed documents. It is alleged that
the cheque in question has been issued by the accused in favour of the complainant
to discharge his liability. A perusal of the complaint and the annexed documents
shows that a prima facie case u/s 138 of Negotiable Instruments Act, 1881 has been
made out against the accused. The matter appears to be filed within limitation and
within the territorial jurisdiction of this court.
I hereby take cognizance of the offence under Section 138 of NI Act against
the accused.
Ld. counsel for the complainant has today file e-filing history which is taken
on record and the same is marked as Mark A.
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 Umer Rashid for offence punishable under Section 138 N. I. Act.
Accordingly, let summons be issued to the accused through all modes, on
filing of PF/ RC within 7 days. Copy of complaint and annexed documents be also
sent with the same.
Service be also effected on the email, whatsapp message and text
message of accused person, as provided by the complainant alongwith PF. For
felicitation of the same, dasti summons are permitted. The complainant is at
liberty to file tracking report of the same on the official e-mail ID of the court
atleast one day before the NDOH.
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.
As per the guidelines laid down in the case titled as
“Damodar S. Prabhu
vs. Sayed Babalal H”, AIR2010(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”.
The Ahlmad is directed to mention the official email id and video
conferencing link of this Court on the summons. Complainant is directed to 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/ grant of bail/ framing of notice on
23.07.2025.
(PRIYANKA)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
12.02.2025
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