Order 3

Order Details: COPY OF ORDER
Pdf Text: 19CC NI ACT1125/2023
ASHOK KUMAR Vs. PREM RAJ (Keshav Puram)
03.05.2023
Proceedings conducted through Cisco Webex.
Present: Sh. Deepak Jindal, Ld. Counsel for complainant.
The matter is listed for consideration today.
It is submitted by Ld. counsel for complainant that the
return memo was provided by the concerned bank on 29.12.2022 and
the date mentioned on legal notice is a typographical error.
I take cognizance of offence U/s 138 NI Act.
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 03.08.2023. 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 judgement 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 03.08.2023.
(Garima Jindal)
MM (NI ACT) Digital Court no 3
North West District Rohini Courts,
Delhi 03.05.2023
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