Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 64 CC NI ACT 1599/2023
MOHAN SINGH Vs. RAVI (Jahangir Puri)
06.05.2025
(Proceedings conducted through Cisco Webex)
Present: Sh. Arvind Mishra, Ld. Counsel for the complainant
alongwith complainant.
On the last date of hearing, attendance is marked in correctly.
Matter is at the stage of consideration.
I have gone through the complaint and annexed documents. It is alleged that
the cheque in question has been issued by the accused in favour of the complainant to
discharge his liability. A perusal of the complaint and the annexed documents shows
that a prima facie case u/s 138 of Negotiable Instruments Act, 1881 has been made out
against the accused. The matter appears to be filed within limitation and within the
territorial jurisdiction of this court.
I hereby take cognizance of the offence under Section 138 of NI Act against the
accused.
Ld. counsel for the complainant has today file e-filing history which is taken on
record and the same is marked as Mark A.
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.
In view of complaint, documents produced and verification in the form of affidavit of
evidence, there are sufficient grounds for proceeding further against accused Ravi for
offence punishable under Section 138 N. I. Act.
Accordingly, let summons be issued to the accused through all modes, on filing
of PF/ RC within 7 days. Copy of complaint and annexed documents be also sent with
the same.
Service be also effected on the email, whatsapp message and text
message of accused person, as provided by the complainant alongwith PF. For
felicitation of the same, dasti summons are permitted. The complainant is at liberty to
file tracking report of the same on the official e-mail ID of the court atleast one day
before the NDOH.
The process server is directed to serve the summons by way of affixation, if
premises found closed or same could not be served personally or on any adult male
member.
As per the guidelines laid down in the case titled as
“Damodar S. Prabhu
vs. Sayed Babalal H”, AIR2010(SC)1907, Ahlmad is directed to make a mention on
the summons issued against the accused (by adding separate sheet, if required) that
“accused can make an application for compounding of the offence at the first and
second hearing of the case and if such an application is made, compounding may be
allowed by the Court without imposing any costs on the accused”.
The Ahlmad is directed to mention the official email id and video conferencing
link of this Court on the summons. Complainant is directed to take steps within 10 days
including providing copy of complaint otherwise the complaint may be dismissed U/s
204(4) Cr.P.C.
Put up for appearance of accused/ grant of bail/ framing of notice on
09.09.2025.
(PRIYANKA)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
06.05.2025
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