Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27 CC NI ACT / 1669/2024 Shiv Guru Travel Vs. Saroj Kumar Mandal /0 (Subhash Place)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
06.07.2024
The court is working in hybrid mode. For physical appearance, the parties/counsels can appear through
court no. 104, extension block, Tis Hazari. For VC appearance, the meeting ID no. is 1763291731.
Present: Sh. Rahul Sharma, Ld. Counsel for the complainant alongwith complainant in person.
Matter is fixed for consideration and arguments on summoning.
Original file is stated to be filed. Be checked and apprised.
Put up in recall.
At 12:35 PM, matter is again taken up.
Sh. Rahul Sharma, Ld. Counsel for the complainant alongwith complainant in person.
Present complaint pertains to cheque bearing no. 012102.
E-filing history be filed by 2 PM.
At 2:05 PM, matter is again taken up.
Sh. Rahul Sharma, Ld. Counsel for the complainant in person.
E-filed history filed physically. Be filed at court's email ID.
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 Saroj Kumar Mandal through approved registered courier,
speed post and email for 21.12.2024 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
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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 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 21.12.2024 at 10:00 AM.
Copy of this order be sent along with summons
(Shivangi Mangla)
(JMFC(NIA) Digital court02)
NorthWest, Rohini
New Delhi/06.07.2024
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