Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 52 CC NI ACT / 29571/2024
Prem nath Chopra Vs. Hamidul Malik (NARELA)
28.05.2025
Present: Sh. Rohit Pal, Ld. Counsel for the complainant.
Report of court notice not received back. However, Ld. counsel for
the complainant has submitted that court notice have been effected upon the
proposed accused through speed post. Tracking report of the same has been e-
mailed to this court. Same is taken on record.
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 15.09.2025. 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 15.09.2025.
(PRIYANKA GARTAN)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
28.05.2025
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