Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 CC NI ACT / 2479/2025
JAI OVERSEAS CHEMICAL LTD Vs. AT PIPES INDIA PVT LTD /0 ()
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.
26.04.2025
Present: Ld. Counsel for complainant.
This is a fresh matter.
The present complaint has been filed on / after 1st July 2024 i.e after the
enforcement and implementation of the Bhartiya Nagrik Suraksha Sanhita 2024 (hereinafter
BNSS).
As per section 531, of the BNSS the present complaint shall be governed by
provisions of BNSS and not by the CrPC.
This is a fresh complaint filed u/s 138 of the NI Act.
It be checked and registered by the Reader cum Ahlmad of this court.
The Complainant is directed to deposit the original documents including the
cheque in question, returning memo bearing seal/stamp of the concerned bank, legal demand
notice, proof of service of legal demand notice and its reply, if any. Apart from the physical
signed original complaint, its supporting affidavit and attested affidavit of pre-summoning
evidence, the Complainant is also directed to file an affidavit providing the current address of
the accused including his mobile no. and e-mail address, if any within two weeks.
The complaint has to be accompanied by the appropriate certificate required as
per provisions of Section 63 of the Bhartiya Sakshya Adhiniyam 2024 to support the electronic
record.
It is further made clear that Proviso I of the Section 223 of the BNSS clearly
states that “
no cognizance of an offence shall be taken by the Magistrate without giving the
accused an opportunity being heard”
Accordingly, no cognizance of the present complaint shall be taken unless the
accused is given appropriate and reasonable opportunity of being heard.
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In view of the mandate of Section 223 of the BNSS, let notice be issued to the
proposed accused, on filing of PF within 7 days from today, 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 .
In case of refusal/ premises found locked and upon proper verification as to the
said address of the accused, let the court notice be served through affixation and photographs
be annexed alongwith the report. Process server is directed to annex the proof of service
alongwith the report.
Complainant is directed to visit the Digital Court Work Station-01, Rohini Court
for submitting the originals.
Put up for appearance of the proposed accused and argument on the point of
cognizance of the present complaint on 04.09.2025.
(Garima Garg)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/26.04.2025
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