Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 50 CC NI ACT / 29336/2024
Helplab Healthcare Pvt Ltd Vs. VIKAS KUMAR
19.05.2025
Present: Mr. Karan Arora, Ld. Counsel for complainant in Court.
Ld. Counsel for complainant submits that proposed accused is intentionally
appearance before the Court despite receiving of notice. He also submits that notice was
delivered on the same address on which the proposed accused receiving the legal notice.
Despite several calls none has appeared for the proposed accused to argue on
point of cognizance. The last opportunity in this regard was already given to the proposed
accused on LDOH. In these circumstances, the matter is proceeded with in the absence of
the proposed accused.
The case is at the stage of orders on summoning of a complaint regarding the
commission of an offence punishable under Section 138 of Negotiable Instrument Act,
1861.
Submissions of Ld. Counsel for complainant heard on the point of summoning
of accused. Record perused.
Complainant has filed the pre-summoning evidence by way of affidavit along
with the relevant documents including the dishonoured cheque, bank return memo, legal
notice sent to the accused and proof of sending the legal notice.
All the statutory requirements under NI Act are complied with. The present
complaint case is filed within limitation. After perusal of the entire record, this Court is of
the considered opinion that prima facie case punishable U/s 138 of NI Act is made out
against the accused. I, therefore, take cognizance of the said offence.
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.
Upon perusal of the documents on record, this court is of the prima facie view
that statutory requirements of Section 138 are met and there seems to be sufficient ground
to proceed against the accused.
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Issue summons to the accused Vikas Kumar (Proprietor of Hari Om Medical
Store) for 01.12.2025, on filing PF, through approved registered courier/speed post as well
as through e-mode i.e whatsapp and email for NDOH.
Complainant is directed to file PF and take steps within 07 days.
Complainant is directed to file an affidavit verifying the correctness of email
ID/whatsapp number of the accused.
Complainant is directed to file the process fee and postal envelopes physically,
mentioning the details of the case etc. for issuance of summons to the accused. Reader cum
Ahlmad is directed to preserve PF form, service report, postal/courier envelopes and upload
scanned copies thereof on the LAYERS 2.0 as well as on mirror image of file on cloud
subject to availability of space on cloud.
Accused is directed to appear before this court through video conferencing on
the Cisco Webex application through the permanent Cisco Webex VC Room ID
1769049636. Parties can access information pertaining to working of Digital NI Act Courts
through the link https://delhicourts.nic.in/digitalnicourts.html.
Put up for appearance of accused, grant of bail and hearing on notice under
section 251 Cr. PC on NDOH at 10.00 AM. Copy of this order be sent along with summons.
Ld. Counsel for complainant is directed to visit the Digital Court Work Station
at 5th floor, Porta Cabin-F, Rohini Court for submitting the PF/RC between 2.30pm to
3.30pm.
Ld. Counsel is directed to keep a scan of the postal receipt of summons and
file tracking report before the NDOH.
(HIMANSHI TYAGI)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
19.05.2025
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