Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 33
CC NI ACT/5113/2023
Ramesh Vs. Sunny
PS (Mangol Puri)
Proceedings conducted online through Video Conferencing
using CISCO WEBEX Software.
Assistant Ahlmad and Regular Stenographer of this Court
are on leave today.
Substitute Stenographer provided to this court vide circular
no.F2(2)/Admn./NW/RC/ 2024/2895-2897 dated 20.02.2024 is also
on leave.
04.03.2024
Present : Sh. Mukul Sharma, Ld. Counsel for the complainant.
Matter is at the stage of consideration.
Physical file deposited.
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
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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 through all permissible modes 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 28.06.2024 at 10.00 a.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North-West,
Rohini Courts, Delhi/04.03.2024
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