Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 30 CC NI ACT / 3262/2024
ARUN KUMAR ANAND Vs. SHIV KUMAR
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.
21.01.2025
Present: Sh. Sanjay Padam Jain, Ld. Counsel for complainant.
Matter is at the stage of consideration.
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 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.
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 through all permissible modes including the e-mode by the Nazarat Branch .
In case of refusal/ premises found locked and upon proper verification as to the said
address of the accused, let the court notice be served through affixation and photographs be annexed
alongwith the report. Process server is directed to annex the proof of service alongwith the report.
Put up for appearance of the proposed accused and argument on the point of cognizance
of the present complaint on 08.05.2025.
(Garima Garg)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/21.01.2025
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