Order 1

Order Details: COPY OF ORDER
Pdf Text: 27 CC NI ACT / 492/2024
Dsfdc Vs. Shamim (K.N. Katju Marg)
11.11.2024
(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. Naman Sabbarwal, Ld. Counsel for the complainant.
Sh. Krishan Kumar, AR of the complainant (yet to be substituted).
Matter is listed for consideration.
Ld. counsel for the complainant submits that he has to file an
application for substitution of AR.
Heard.
Ld. counsel is directed to file application for substitution of AR
within two days from today.
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 14.12.2024. 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 before National Lok Adalat on
14.12.2024. In alternate, to come up before the court on 28.05.2025.
(PRIYANKA)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
11.11.2024
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