Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 43 CC NI ACT / 1366/2024
Dsfdc Vs. Raghuber Dayal S/o Shri Jagdish Prasad (K.N. Katju Marg)
30.06.2025
(Proceedings conducted through Cisco Webex)
Present: Sh. Surender Kumar Sharma, Ld. Counsel for the
complainant alongwith AR of the complainant.
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 09.12.2025.
(PRIYANKA GARTAN)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
30.06.2025
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