Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 39 CC NI ACT / 3636/2024
ALDEKO PANELS PVT LTD THROUGH ITS AR RAJIV WADHWA Vs. PRAPHUL
PRASAD /0 (Keshav Puram)
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.
28.02.2025
Present: Sh. Gourav Dhyani, Ld. Counsel for complainant.
This is a fresh complaint to be considered u/s 223 BNSS, 2023.
Vide order dated 02.12.2024, court notice was issued to the proposed accused.
As per report, court notice were sent through Whatsapp and the same were
delivered with double white tick.
This is an effective service upon the accused.
The proposed accused has not appeared today.
In view of the mandate of Section 223 of the BNSS, one opportunity of being
heard has to be given 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.
Despite the opportunity given to the proposed accused, he has not appeared
before the court and accordingly his right to be heard on the point of cognizance, is closed.
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.
Arguments on the point of summoning heard.
Heard on the point of summoning.
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
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affidavit of evidence, there are sufficient grounds for proceeding further against the accused
PRAPHUL PRASAD proprietor of M/s Maa Vaishno Traders 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/RC/Approved courier and
take steps within a month including providing copy(ies) of complaint otherwise the complaint
may be dismissed Under Section 204 (4) Cr.P.C.
Summons be given dasti.
Matter be fixed for appearance of accused/furnishing of bail/consideration on
notice on 02.07.2025.
(Garima Garg)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/28.02.2025
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