Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16
CC NI ACT2355/2023
SH. MUKESH KUMAR Vs. SH. DEEPAKSHARMA/0 (North Rohini)
Proceedings conducted online through Video Conferencing using CISCO WEBEX Software.
Present : Sh. Mithilesh Kumar Yadav, Ld. Counsel for the complainant.
None for accused.
Physical file deposited in compliance of last order.
Heard on the point of summoning.
Put up for orders at 04.00 p.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/21.09.2023.
04.00 p.m.
Present : Sh. Mithilesh Kumar Yadav, Ld. Counsel for the complainant.
None for accused.
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.
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 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
20.01.2024 at 10.00 a.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/21.09.2023.
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