Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20 CC NI ACT 1793/2023
ANURAG Vs. ANKIT SHARMA /0 (Alipur)
(Proceedings conducted through Cisco Webex)
17.02.2025
Present: Ms. Teena Katariya, Ld. counsel for the complainant.
Ld. counsel for the complainant has filled affidavit stating that the legal demand
notice was served upon the accused. Same is taken on record and same is now marked as Mark
A. 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 ANKIT SHARMA 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 28.07.2025.
(Priyanka )
JMFC (NI ACT)
Digital Court No 2 North District
Rohini Courts, Delhi 17.02.2025
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