Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 31
CC NI ACT / 1427/2024
Dsfdc Vs. Rakhi W/d/o Deepak /0 (K.N. Katju Marg)
21.09.2024
(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. Mithlesh Kumar Jha and S.K. Sharma, Ld. Counsel for
complainant with AR
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 the physical case file of the present
complaint containing 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. Apart from the physical signed original complaint, its
supporting affidavit and attested affidavit of pre-summoning evidence, the Complainant is also
directed to file an affidavit providing the current address of the accused including his mobile no.
and e-mail address, if any.
The complaint has to be accompanied by the appropriate certificate required as
per provisions of Section 63 of the Bhartiya Sakshya Adhiniyam 2024 to support the electronic
record.
The physical file containing all the abovesaid document 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.
It is further made clear court notice to the proposed accused shall be issued
subject to deposition of the physical file by the Complainant within 7 days from today. Assistant
Ahlmad is directed to do the needful within 3 days from the deposition of physical case file.
Put up for appearance of the proposed accused and argument on the point of cognizance of the
present complaint on 31.03.2025.
(Ankit Solanki)
JMFC(NI ACT) Digital Court no.2
North District Rohini Courts,
Delhi 21.09.2024
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