Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 48 CC NI ACT / 483/2025
RAJENDER KUMAR Vs. SHASHI KANT
(Mahendra Park)
14.08.2025
Present: Mr. Kamaldeep, Ld. Counsel for complainant.
Ld. Counsel for complainant has filed the affidavit of service along with the
postal receipt, tracking report and screen shot of the whatsapp.
As per the affidavit of service, notice have been served upon the proposed
accused by way of whatsapp.
It seems that proposed accused is not interested to address any arguments at this
stage.
Despite several calls none has appeared for the proposed accused to argue on
point of cognizance. The last opportunity in this regard was already given to the proposed
accused on LDOH. In these circumstances, the matter is proceeded with in the absence of the
proposed accused.
Submissions of Ld. Counsel for complainant heard on the point of cognizance
and summoning of accused. Record perused.
Complainant has filed the pre-summoning evidence by way of affidavit along
with the relevant documents including the dishonoured cheque, bank return memo, legal notice
sent to the accused and proof of sending the legal notice.
All the statutory requirements under NI Act are complied with. The present
complaint case is filed within limitation. After perusal of the entire record, this Court is of the
considered opinion that prima facie case punishable U/s 138 of NI Act is made out against the
accused. I, therefore, take cognizance of the said offence.
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. PSE of
the complainant is dispensed with.
Upon perusal of the documents on record, this court is of the prima facie view
that statutory requirements of Section 138 are met and there seems to be sufficient ground to
proceed against the accused.
-- 1 of 2 --
Issue summons to the accused Shashi Kant for NDOH, on filing PF, through
approved registered courier/speed post as well as through e-mode i.e whatsapp and email for
NDOH.
Complainant is directed to file PF and take steps within 07 days.
Complainant is directed to file an affidavit verifying the correctness of email
ID/whatsapp number of the accused.
Complainant is directed to file the process fee and postal envelopes physically,
mentioning the details of the case etc. for issuance of summons to the accused. Reader cum
Ahlmad is directed to preserve PF form, service report, postal/courier envelopes and upload
scanned copies thereof on the LAYERS 2.0 as well as on mirror image of file on cloud subject
to availability of space on cloud.
Accused is directed to appear before this court through video conferencing on the
Cisco Webex application through the permanent Cisco Webex VC Room ID 1769049636.
Parties can access information pertaining to working of Digital NI Act Courts through the link
https://delhicourts.nic.in/digitalnicourts.html.
Put up for appearance of accused, grant of bail and hearing on notice under
section 251 Cr. PC on NDOH at 10.00 AM. Copy of this order be sent along with summons.
Ld. Counsel for complainant is directed to visit the Digital Court Work Station at
5th floor, Porta Cabin-F, Rohini Court for submitting the PF/RC between 2.30pm to 3.30pm.
Ld. Counsel is directed to keep a scan of the postal receipt of summons and file
tracking report before the NDOH.
In view of the the nature of the offence, let the matter be placed before the Lok
Adalat on 13.09.2025 at Rohini Court.
In case the matter does not get settled, put up before Court on 09.02.2026.
(GAURAV DAHIYA)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
14.08.2025
-- 2 of 2 --