Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 80CC NI ACT/1391/2025
JCO Traders through Authorized Representative Mr Sunil Ramchandani
Vs.Manish Kumar Nagpal Proprietor, RoyalFruit Company/0
(Adarsh Nagar)
06.08.2025
(Proceedings conducted through Cisco Webex)
Present: Sh.Yash Bakolia, Ld. Counsel for Complainant.
None for Accused.
Ld. Counsel for the complainant has moved an application for
condonation of delay along with e-filing history.
Heard. Perused. Considered.
The reason for delay is technical and without any fault of the
complainant. Hence applications stands allowed.
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.
In view of the nature of the case, as the case is compoundable, the same be
referred to Lok Adalat on 13.09.2025.
In alternate, Put up for appearance of the proposed accused and argument on the point of
cognizance of the present complaint on 24.01.2026.
(PRIYANKA GARTAN)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
06.08.2025
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