Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 89CC NI ACT/751/2025
CHEM ACADEMY PVT LTD
Vs. AASHITASINGH/ ()
17.04.2025
(Proceedings conducted through Cisco Webex)
Fresh file received from Facilitation Center. It be checked and registered.
REGULAR STENO IS ON LEAVE TODAY
Present: Ms. Nimisha Gupta, Ld. Counsel for 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 before Lok Adalat on 10.05.2025.
In alternate, put up for appearance of the proposed accused and argument on
the point of cognizance of the present complaint on 25.09.2025.
(Priyanka)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
17.04.2025
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