Order 1

Order Details: COPY OF ORDER
Pdf Text: 32 CC NI ACT / 37916/2024
Dev Bhumi Cold Chain Pvt Ltd Vs. Satish Kumar (Mahendra Park)
03.01.2025
(Proceedings conducted through Cisco Webex)
This is a fresh complaint filed U/s 138 of the NI Act.
It be checked and registered by the Reader-cum-Ahlmad of this court.
Present: Sh. Ankit Dang, Ld. Counsel for the complainant alongwith AR of
the complainant.
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 the physical case file of the
present complaint containing 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. Apart from the
physical signed original complaint, its supporting affidavit and attested affidavit of
pre-summoning evidence, the Complainant is also directed to file an affidavit
providing the current address of the accused including his mobile no. and e-mail
address, if any.
The complaint has to be accompanied by the appropriate certificate
required as per provisions of Section 63 of the Bhartiya Sakshya Adhiniyam 2024
to support the electronic record.
The physical file containing all the abovesaid document 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.
It is further made clear court notice to the proposed accused shall
be issued subject to deposition of the physical file by the Complainant within 7
days from today. Assistant Ahlmad is directed to do the needful within 3 days from
the deposition of physical case file.
Put up for appearance of the proposed accused and argument on the point of
cognizance of the present complaint on 13.05.2025.
(PRIYANKA)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
03.01.2025
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