Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10 CC NI ACT / 4316/2024 HARISH KUMAR Vs. ASHOK
KUMAR
PS North Rohini
30.03.2026
Present : Counsel for complainant through VC.
Matter is listed for arguments on the point of cognizance.
The matter is fixed for consideration on the point of
summoning the accused.
Pre-summoning evidence by way of affidavit has been
tendered alongwith documents which have been duly exhibited. Vide
separate statement, pre-summoning evidence of the complainant is closed.
Arguments Heard. Record perused.
At the stage of summoning, only a prima facie case against
the accused is to be made out. I have gone through the complaint, the dates
& events, evidence and the documents placed on record. The complaint
pertains to allegations as regards a cheque being issued in lieu of the
amount given. Further perusal of record suggests that the legal notice was
issued within the prescribed period and the complaint has also been filed
within limitation period.
In view of the above, I am satisfied that there is adequate
material to make out a prima facie case under section 138 Negotiable
Instruments Act against the accused and it is within my jurisdiction.
Further, as per
Damodar S Prabhu v Syed Babalal, It is made
clear to the accused that he could make an application for compounding of
the offences at the first or second hearing of the case and that if such an
application is made, compounding may be allowed by the court without
imposing any costs on the accused.
Let the accused be summoned through all modes including
electronic mode on filing of PF/RC-AD and speed post/approved courier
services returnable for NDOH. Let a copy of the complaint be accompanied
along with the summons.
Tracking report of the delivery along with affidavit as regards
email address and mobile number of the accused be filed on NDOH.
Put up for report/appearance of the accused and framing of notice on
for 17.08.2026.
(Reetika Jain)
JMFC-05 (North-West)
Delhi 30.03.2026
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