Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23CC NI ACT 4577/2023
VIJENDER GOEL Vs. HUSSAIN MORAL/0 (Maurya Enclave)
Proceedings conducted online through Video Conferencing using CISCO WEBEX
Software.
22.05.2024
Parchayadast
Present : Sh. Rishabh Singhal, Ld. Counsel for complainant.
Matter is at the stage of consideration.
Reader Cum Ahlmad of this court submits that the physical file of this case is not
traceable. He is directed to trace out the same.
Ld. Counsel for the complainant is directed to file the e-filing history details of
the present complaint.
Put up again at 02.00 pm.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/22.05.2024
At 02.02 pm
Present : Sh. Rishabh Singhal, Ld. Counsel for 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.
Page no. 1/2
-- 1 of 2 --
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 20.09.2024 at 10.00 a.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/22/05/2024
Page no. 2/2
-- 2 of 2 --