Order 3

Order Details: COPY OF ORDER
Pdf Text: 35 CC NI ACT / 29410/2024
NAND KISHORE SHARMA Vs. DEVI
(Narela Ind. Area)
05.07.2025 (Proceedings conducted through Cisco Webex)
Present: Sh. Shivam Gupta, Ld. Counsel for the complainant.
Report of court notice received back served.
As per Section 223 of BNSS an opportunity of being heard has to be given
to the proposed accused before taking cognizance in the matter.
In the present matter, court notice is duly served upon the proposed accused
still no body has appeared on behalf of the accused today.
Therefore, this court deems fit to take cognizance in the matter as an
opportunity has been given to the accused as per Section 223 of BNSS.
I take cognizance of offence U/s 138 NI Act. As per the e-filing history filed
by Ld. counsel for complainant through e-mail, the complaint was filed within limitation.
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 person for offence punishable under Section 138 N. I. Act.
Hence, issue summons against the accused person on P.F./R.C./Approved
Courier for 20.05.2025. Service be also effected on the email, whatsapp message and
text message of accused person, as provided by the complainant and further subject to
filing of report of service. For felicitation of the same, dasti summons are permitted. 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.
An endorsement be also made with respect to the compoundable nature of
the offence as per the judgment in
Damodar S. Prabhu; (2010) 5 SCC 663.
The Ahlmad is directed to mention the official email id and video
conferencing link of this Court on the summons. Complainant is directed to file PF and
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 on 24.11.2025.
(PRIYANKA GARTAN)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
05.07.2025
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