Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 26 CC NI ACT / 1333/2024
Ms Kunj Bihari Associates Through Its Proprietor Kartikay Gupta Vs. Ms Shri Ganesh Infra
Developers Through Its Director Yogender Singh /0 (Rani Bagh)
Proceedings conducted online through Video Conferencing using CISCO WEBEX Software.
Counsels are directed to appear with Camera open.
Presence of the accused will not be marked if his or her video is off.
Learned Presiding Officer is also looking after Link work.
Present: Sh. Amit Dhankar, Ld. Counsel for complainant.
Matter is at the stage of consideration.
Heard on the point of summoning.
This is complaint filed for offence punishable under Section 138 NI Act.
The date of issuance of cheque i.e. bearing no. 819901 dt. 15.10.2023, amounting
to Rs. 12,00,000/- and date of return 12.01.2024 with reason “fund insufficient”. The legal
notice was dispatched on 09.02.2024 and delivered on 26.02.2024.
The complaint was filed 30.03.2024 and is thus within limitation. 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.
Heard on the point of cognizance.
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 1.
Shri Ganesh Infra Developers through its Directors Yogender Singh, 2. Yogender Singh,
(Director, Signatory) for offence punishable under Section 138 NI Act.
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
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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 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 26.03.2025.
(Garima Garg)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/05.12.2024
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