Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 50 CC NI ACT / 3912/2024 SANJAY KUMAR Vs. RAJESH KUMAR
GUPTA /0 (Ashok Vihar)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
06.05.2025
Present: Sh. Ram Kumar Soni, Ld. Counsel for the complainant through VC.
Sh. Amit Yadav and Rohit Ranjan Gupta, Ld. Proxy Counsel for proposed
accused through VC.
Proposed accused through VC.
Arguments on summoning advanced by ld. Counsels for both the parties.
It is submitted by Ld. Counsel for the complainant that the present
complaint is within the limitation period.
It is argued by Ld. Counsel for proposed accused that cheque in question
was given as a security cheque. Further, no ledgers /bills have been annexed alongwith
the complaint substantiating the legal liability. Further, payments have been made by the
proposed accused to the complainant which have not been accounted/adjusted.
Heard. Perused. Considered.
This is the complaint for offence punishable u/s 138 of Negotiable
Instruments Act, 1881.
Physical file has been deposited and the same has been verified with the
digital file by the Reader-cum-ahlmad. Documents perused.
After perusal of the entire record, this court is of the considered view that a
prima facie case punishable u/s 138 NI Act is made out against the accused. The defence
taken by the accused at this stage shall be tested during trial.
Ld. Counsel for the complainant is directed to file the meta data form as per
the NI Digital Court Project Implementation Guidelines framed by Hon'ble High Court of
Delhi. Ld. Counsel for the complainant undertakes to do the same.
All statutory requirements under NI Act are complied with. The present
complaint filed in limitation.
Since the accused is present before the court today, the requirement of
issuing summons to secure his presence is dispensed with.
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This is the first appearance of accused before the court. Accused is admitted
to bail on furnishing the surety bonds in sum of Rs. 50,000/- before NDOH.
Put up for furnishing the surety bonds and consideration on notice on
17.07.2025.
Accused is directed to remain physically present from court no. 104,
Extension Block, Tis Hazari Courts.
(Parul Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/06.05.2025
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