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Court Order

Order 2

CNR DLNW02023041202315 Sept 2023
Rohini North-West, CMM Court
delhi · Delhi (DL)
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Full Order Text

Order 2 · 15 Sept 2023 · CNR DLNW020230412023

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 21CC NI ACT2788/2023
SMT RASHMI MITTAL Vs. SMT RICHASINGHLA @ RICHA BINDAL
(Begum Pur)
15.09.2023
Proceedings conducted online through Video Conferencing using
CISCO WEBEX Software.
Present : Sh. Basant Gupta, Ld. Counsel for the complainant.
Matter is listed for consideration.
Physical file is deposited in terms of previous order.
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 Readercumahlmad 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, ReadercumAhlmad 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
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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 19.12.2023 at 10.00 a.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court01, North West,
Rohini Courts, Delhi 15.09.2023
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