Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 CC NI ACT / 320/2025
MANOJ KUMAR Vs. M/s DISCOUNT
DRUG PVT LTD (Model Town)
09.05.2025
(Proceedings conducted through Cisco Webex)
Present: Sh. Sangram Singh, Ld. Counsel for the complainant.
Ld. counsel for the complainant has filed Master Data of the
accused company. According to which the name of the company has been changed
to Swastika Wellness Pvt. Ltd.
Ld. counsel for the complainant is directed to file amended memo
of parties.
The present complaint has been filed on / after 1st July 2024 i.e
after the enforcement and implementation of the Bhartiya Nagrik Suraksha Sanhita
2024 (hereinafter BNSS).
As per section 531, of the BNSS the present complaint shall be
governed by provisions of BNSS and not by the Cr.P.C.
The Complainant is directed to deposit all the original documents
including the cheque in question, returning memo bearing seal/stamp of the
concerned bank, legal demand notice, proof of service of legal demand notice and
its reply, if any. The complaint has to file the appropriate certificate required as per
provisions of Section 63 of the Bhartiya Sakshya Adhiniyam 2024 to support the
electronic record.
The same has to be deposited by the Complainant before the court
within 7 days from today.
It is further made clear that Proviso I of the Section 223 of the
BNSS clearly states that “no cognizane of an offence shall be taken by the
Magistrate without giving the accused an opportunity being heard”
Accordingly, no cognizance of the present complaint shall be taken
unless the accused is given appropriate and reasonable opportunity of being heard.
In view of the mandate of Section 223 of the BNSS, let court notice
be issued to the proposed accused to appear before the court and argue as to why
cognizance should not be taken of the present complaint. Let court notice to the
proposed accused be issued through all permissible modes including the e-mode by
the Nazarat Branch on filing of PF within seven days. Ld. counsel for the
complainant is at liberty to assist the process server. Copy of complaint and annexed
documents be also sent with the same.
Put up for appearance of the proposed accused and argument on the
point of cognizance of the present complaint on 06.11.2025.
(PRIYANKA)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
09.05.2025
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