Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 56 CC NI ACT / 3903/2024 JAI OVERSEAS CHEMICAL LTD Vs. SHRI
VISHNU SONS / ()
Proceedings conducted online through video conferencing using CISCO
WEBEX software.
09.06.2025
Present: Sh. Sandeep Chaudhary, Ld. Counsel for the complainant.
On LDOH, pre cognizance notice was duly served upon the
proposed accused. Despite service none is present on behalf of proposed
accused. Therefore his right to be heard at this stage stands waived off.
Arguments on summoning heard.
This is the complaint for offence punishable u/s 138 of Negotiable
Instruments Act, 1881.
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.
Arguments heard on the point of summoning. All statutory
requirements under NI Act are complied with. The present complaint filed within
limitations. 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.
Issue summons to the accused through approved registered courier,
speed post and email for 04.11.2025 The complainant is directed to file PF and
take steps within seven days. Complainant is directed to supply the copy of
complete set of documents filed in the court including evidence affidavit of
complainant.
The complainant is further directed to file the last known verified
address(s) of the accused on affidavit. Reader-cum-ahlmad is directed to issue
the summons only after ensuring that the same has been done.
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Reader-cum-ahlmad is directed to send the e-copy of summons
alongwith e-copy of digital case file to Nazarat Branch for service through
email. Complainant is directed to file an affidavit verifying the correctness of
email id/whatsapp number of the accused. Nazarat Branch is directed to file
report regarding service of summons through email/whatsapp before NDOH.
Reader-cum-ahlmad is directed to make the following
endorsements on the summons in terms of the guidelines of Hon'ble Supreme
Court passed in the case of Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5
SCC 663:
Complainant is directed to file the process fee and postal envelops
physically, mentioning the details of the case etc. for issuance of summons to the
accused. Reader-cum-ahlmad is directed to preserve PF form, service report,
postal/courier envelops and upload scanned copy of thereof on the Layers 2.0 as
well as on the mirror image of the file on cloud. Accused is directed to appear
before this court through Video Conferencing on the Cisco Webex Application
through the Cisco Webex VC Room ID
https://delhidistrictcourts.webex.com/meet/ninorthwest2
Put up for appearance of accused on 04.11.2025 at 10:00 AM.
Copy of this order be sent along with summons.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/09.06.2025
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