Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12CC NI ACT3049/2023
PAWAN KUMAR Vs. SH PANKAJ YADAV
(Kanjhawala)
Proceedings conducted online through Video Conferencing
using CISCO WEBEX Software.
06.01.2024
Present : Sh. Parvinder Shehrawat, Ld. Counsel for complainant
alongwith complainant.
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
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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 09.05.2024 at 10.00 a.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/06.01.2024
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