Case Number: CC NI ACT/38141/2024
Parties: Order 1 - CC NI ACT/38141/2024 - DLSW020496122024
Order Number: 1
Order Date: Not Available
Order Description: COPY OF JUDICIAL PROCEEDINGS
Status: Misc. cases/purpose
(51, 59, 63, 67, 68)
Present. Ms. Bhanupriya, Ld. Counsel for Complainant This is complaint filed for offence punishable under Section 25 of The Payments & Settlement Systems Act, 2007 r/w Section 138 Negotiable Instruments Act. Complaint, affidavit of evidence aND other annexed documents perused. I take cognizance of said offence. In matter of "A. C. Narayanan Vs. State of Maharashtra & Anr. " (2014) 11 SCC 790, Full Bench of Hon'ble Supreme Court of India has heLd. that ". . . it is a matter of discretion aND the Magistrate is not bouND to call upon the Complainant to remain present before the court aND to examine him upon oath for taking decision whether or not to issue process on the complaint under Section 138 of the N. I. Act. For the purpose of issuing process under Section 200 of the Code, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the Complainant in support of the complaint under Section 138 of the N. I. Act. . . ". Complaint, affidavit of evidence aND documents considered in light of above cited judgment. In opinion of this Court, there is no need to examine the Complainant's evidence for purpose of issuance of process. In view of complaint, documents produced aND verification in the form of affidavit of evidence, there are sufficient grounds for proceeding further against Accused person (s) for offence punishable under Section 25 of The Payments & Settlement Systems Act, 2007r/w Section 138 Negotiable Instruments Act. Hence, issue summons to the Accused on filing of P. F. /R. C. /Speed post, through all modes including email aND whatsapp, alongwith copy of contd. /- Digitally signed by SHUBHI GUPTA Date: 2024. 10. 05 16: 20: 26 +0530 complaint aND complete set of documents, at all available addresses of Accused person/s, returnable on 05. 05. 025. The Complainant can provide email address of Accused person (s) , if any for service. The service of summons through what's app message (s) aND text message (s) is also permitted provided the Complainant files an affidavit to the effect that number on which the said message (s) are sent is/are of the Accused person (s) aND further subject to filing of report of service. R. C. & Speed post be given dasti to the Complainant or his counsel. Complainant is directed to comply with all the modes of services as ordered. P. F. be filed within 15 days from today. 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 earlier as per judgment of Damodar S. Prabhu; (2010) 5 SCC 663. Complainant is directed to file P. F. aND take steps within 15 days including providing copy (ies) of complaint otherwise the complaint may be dismissed U/s 204 (4) Cr. P. C. Dasti summons also permitted for service. Put up for appearance on 05. 05. 2025. (SHUBHI GUPTA) JMFC (N. I. Act) -01 South West- Dwarka 05. 10. 2024
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References: Case Number - CC NI ACT/38141/2024 | Case Type - CC NI ACT | CNR Number - DLSW020496122024 | Complex Name - Chief Metropolitan Magistrate, South-West DWK | Court Name - 498-sh. Ajay Narwal-Judicial Magistrate First Class | Filing Date - 06-07-2024 | Judge Name - 498-Judicial Magistrate First Class | List Date - 2025-05-05 | Order Date - 2024-10-05 | Order Number - 1 | Petitioner Advocates - Lalit Pandey | Petitioner Parties - Hdfc Bank Ltd Advocate - Lalit Pandey | Respondent Parties - Nurdin Chahat Khan | Status - Miscellaneous Cases/Purpose