Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 26CC NI ACT765/2023
RAJDHANI COOP. URBAN THRIFT AND CREDIT SOCIETY LTD. Vs. RAM SUNDER
MISHRA/0 (Mangol Puri)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
06.05.2023
The undersigned is working as Link MM today.
Present: Sh. Vikram Aggarwal, Ld. Counsel for the complainant alongwith AR Sh. R.K. Sahu.
This is the complaint for offence punishable u/s 138 of Negotiable Instruments Act,
1881.
Complainant has submitted the physical file alongwith all the documents in the court.
Reader-cum-ahlmad of the court has apprised the court that physical file has been verified with
digital file and is in the safe custody of the court.
Complaint, affidavit of address and other annexed documents perused.
Cognizance taken of the offence u/s 138 NI Act on the basis of material on record.
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 RAM SUNDER MISHRA through approved
registered courier, speed post and email for 11.07.2023 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
-- 1 of 2 --
to file an 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
Put up for appearance of accused on 11.07.2023 at 10:00 AM.
Copy of this order be sent along with summons.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/06.05.2023
-- 2 of 2 --