Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 38CC NI ACT/511/2024
Ved Prakash Vs. Kamal Goel/0 ()
Proceedings conducted online through Video Conferencing using CISCO WEBEX
Software.
The present matter has been received by way of transfer order dated 01.03.2024 from the
court of Ms. Shivangi Mangla, Ld. MM, NI Act, Digital Court, -02, North West.
10.04.2024
Present : Sh. Mayank Maini, Ld. Counsel for complainant.
Matter is at the stage of consideration.
Physical file has been deposited.
A perusal of the record shows that the cheque in question has been issued from
the joint bank account of both the proposed accused persons sought to be impleaded. However
only accused accused no. 1 Kamal Goel is the signatory to the Cheque in question. As
proposed accused no. 2 Ritu Goel is not a signatory to the cheque no proceeding u/s 138 NI Act
can be proceeded against her. Therefore name of Ritu Goel vide this order stands dropped.
However proceedings qua proposed accused Kamal Goel stands valid.
Heard on the point of summoning.
This is complaint filed for offence punishable under Section 138 NI Act.
Complaint, affidavit of evidence and other annexed documents perused. The original complaint
and documents are placed in the safe custody of the Reader-cum-ahlmad of this court.
I take cognizance of the said offence.
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 the complaint, documents produced and verification in the form of
affidavit of evidence, there are sufficient grounds for proceeding further against the accused
for offence punishable under Section 138 NI Act.
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The complainant side is directed to file metadata form before filing of PF.
Thereafter, Reader-cum-Ahlmad to issue summons against the accused person on
PF/RC/Approved courier. Service be also effected on the email, whatsapp message(s) and text
message of accused person(s). Proof of service/tracking report be filed and updated in the
digital file on or before the next date of hearing. 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 that if application for compounding at first or
second hearing is made the court may pass appropriate orders at the earliest and if settlement is
made at subsequent stage the consequences as envisaged in Damodar S. Prabhu Vs. Sayed
Babulal H.; (2010) 5 SCC 663 shall be enforced.
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 through all permissible
modes and take steps within 7 days including providing copy(ies) of complaint otherwise the
complaint may be dismissed Under Section 204 (4) Cr.P.C.
Matter be fixed for appearance of accused/furnishing of bail/consideration on
notice on 09.08.2024 at 10.00 a.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/10.04.2024
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