Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16 CC NI ACT / 3324/2024
Subhash Chander Vs. Himmat singh
(Kanjhawala)
21.04.2025
Proceedings are conducted through VC using CISCO Webex Meeting App.
Present: Sh. Bhumit Malik, Ld. Counsel for the complainant.
On LDOH, the complainant was directed to furnish fresh address of the proposed
accused. Ld. Counsel for the complainant submits that an affidavit verifying the address of the
accused is filed on record, as per which the proposed accused is residing at the same address.
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 through
all modes 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 10 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 for 26.08.2025.
(Jayanti Chander)
JMFC (NI ACT) Digital Court-03 (N/W),
Rohini Courts, Delhi, 21.04.2025
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