Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 3CC NI ACT667/2023
MAYANK GUPTA Vs. SHASHI KUMAR/0 (NSP Metro)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
15.04.2024
Present: Sh. Nilesh Deep, Ld. Counsel for the complainant.
Matter is fixed for consideration and arguments on summoning.
Coloured screenshot of whatsapp showing service of legal notice to accused on
13.12.2022 has been furnished at court's email ID. Be also furnished physically.
There are 5 cheques in the present matter. The cheque bearing no. 953236 was found
to be beyond limitation and hence the present complaint is not maintainable on the said cheque.
The other 4 remaining cheques i.e. 953235, 953237, 953238 and 953239 are maintainable and in
limitation.
This is the complaint for offence punishable u/s 138 of Negotiable Instruments Act,
1881.
Physical file has been deposited and the same has been verified with the digital file by
the Reader-cum-ahlmad. Documents perused.
Ld. Counsel for the complainant is directed to file the meta data form as per the NI
Digital Court Project Implementation Guidelines framed by Hon'ble High Court of Delhi. Ld. Counsel
for the complainant undertakes to do the same.
Arguments heard on the point of summoning. All statutory requirements under NI Act
are complied with. The present complaint filed within limitations. After perusal of the entire record,
this court is of the considered view that a prima facie case punishable u/s 138 NI Act is made out
against the accused.
In terms of enquiry conducted u/s 202 CrPC, all statutory requirements have been
complied with.
Issue summons to the accused SHASHI KUMAR through approved registered courier,
speed post and email for NDOH The complainant is directed to file PF and take steps within seven
days. Complainant is directed to supply the copy of complete set of documents filed in the court
including evidence affidavit of complainant. Reader-cum-ahlmad is directed to issue the summons only
after ensuring that the same has been done.
Reader-cum-ahlmad is directed to send the e-copy of summons alongwith e-copy of
digital case file to Nazarat Branch for service through email. Complainant is directed to file an
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affidavit verifying the correctness of email id/whatsapp number of the accused. Nazarat Branch
is directed to file report regarding service of summons through email/whatsapp before NDOH.
If the accused could not be served in view of the provisions contain in Section 62,63 and
64 Cr.PC, then process server is directed to serve the summons by way of affixation as per Section 65
of Cr.PC and to file his report accordingly. If summons are served by way of affixation, photographs of
affixed summons and the place where it is affixed be also filed.
Reader-cum-ahlmad is directed to make the following endorsements on the summons in
terms of the guidelines of Hon'ble Supreme Court passed in the case of Damodar S. Prabhu Vs.
Sayed Babalal H. (2010) 5 SCC 663:
A) Accused can make an application for compounding of the offence at the first or
second hearing of the case and if such an application is made, compounding may be
allowed by the court without imposing any costs on the accused.
B) If the accused does not make an application for compounding as aforesaid, then if an
application for compounding is made before the court at a subsequent stage,
compounding can be allowed subject to the condition that accused will be required
to pay 10% of the cheque amount to be deposited as a condition for compounding
with the District Legal Services Authority.
Complainant is directed to file the process fee and postal envelops 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 envelops and upload scanned copy of
thereof on the Layers 2.0 as well as on the mirror image of the file on cloud. Accused is directed to
appear before this court through Video Conferencing on the Cisco Webex Application through the
Cisco Webex VC Room ID https://delhidistrictcourts.webex.com/meet/ninorthwest2
In reference to the letter no.NW/DLSA/ 2nd NLA/2024/837 dated 26.03.2024, the matter
is referred before the Lok Adalat on 11.05.2024.
In case of non settlement, put up for appearance of accused on 18.09.2024 at 10:00 AM.
Copy of this order be sent along with summons.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/15.04.2024
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