Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 51 CC NI ACT 2633/2024
Shyam Kumar Sharma Vs Bharti Sharma
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.
01.08.2024
Present : None.
This is a fresh matter.
The present complaint has been filed on / after 1st July 2024 i.e after the
enforcement and implementation of the Bhartiya Nagrik Suraksha Sanhita 2024 (hereinafter
BNSS).
As per section 531, of the BNSS the present complaint shall be governed by
provisions of BNSS and not by the CrPC.
This is a fresh complaint filed u/s 138 of the NI Act.
It be checked and registered by the Reader cum Ahlmad of this court.
The Complainant is directed to deposit the physical case file of the present
complaint containing all the original documents including the cheque in question, returning
memo bearing seal/stamp of the concerned bank, legal demand notice, proof of service of legal
demand notice and its reply, if any.
Apart from the physical signed original complaint, its supporting affidavit and
attested affidavit of pre-summoning evidence, the Complainant is also directed to file an
affidavit providing the current address of the accused including his mobile no. and e-mail
address, if any.
The complaint has to be accompanied by the appropriate certificate required as
per provisions of Section 63 of the Bhartiya Sakshya Adhiniyam 2024 to support the electronic
record.
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The physical file containing all the abovesaid document has to be deposited by the
Complainant before the court within 2 weeks from today.
It is further made clear that Proviso I of the Section 223 of the BNSS clearly
states that “ no cognizance of an offence shall be taken by the Magistrate without giving the
accused an opportunity being heard”
Accordingly, no cognizance of the present complaint shall be taken unless the
accused is given appropriate and reasonable opportunity of being heard.
In view of the mandate of Section 223 of the BNSS, let court notice be issued
to the proposed accused to appear before the court and argue as to why cognizance
should not be taken of the present complaint.
Let court notice to the proposed accused be issued through all permissible modes
including the e-mode by the Nazarat Branch.
It is further made clear that court notice to the proposed accused shall be issued
subject to deposition of the physical file by the Complainant within 2 weeks from today.
Assistant Ahlmad is directed to do the needful within 3 days from the deposition
of physical case file.
Put up for appearance of the proposed accused and argument on the point of
cognizance of the present complaint on 16.11.2024.
(SHRUTI SHARMA II)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/01.08.2024
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