Delhi District Court
Complaint Cases/3952/2010 on 7 June, 2011
CC No.3952/10 07.06.2011
Present: Complainant with counsel.
A Notice issued to the accused received back unserved with a report accused has left the address 3 years ago.
It appears that this address was provided by the accused on his bail bond.
It appears that accused has not been appearing for the last several dates.
Accused has never intimated the court about the change of address as provided in his bail bond.
It further appears that earlier notice issued to the address given in the complaint has already been received back unserved.
It clearly appears that intention of the accused is to avoid the prosecution.
In the present case, even statement of accused U/s 313 Cr.P.C. has already been recorded in the year 2007.
Consequently, bond amount of bail bond and surety bond stand forfeited in the default made by the accused in his appearance.
A None Bailable Warrant be issued against the accused person.
A Notice to the Surety be also issued.
It appears that surety had provided a copy of his Passport (to the extent of disclosing his identity) and PAN Card, let all the details be mentioned on the notice to surety.
Police authorities to execute both the processes with all due seriousness.
Be listed on 05.09.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.4997/10 07.06.2011 Present: AR of the complainant.
AR of the Complainant submits that accused has made the entire payment by way of cheques.
He further submits that the last cheque is payable on the date 06.08.2011.
Put up for realization of cheque and final payment on 18.08.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.2380/10 07.06.2011 Present: Complainant with ld. proxy counsel.
Summons sent by post received back unserved with a report "ghar chhod gaya hai".
However, there is no report in respect of regular summons.
Ahlmad to check and report.
Ld. Proxy counsel, however, submits that accused is very much residing at the same address.
Let summons be issued afresh to be served through the concerned SHO for 03.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.2385/10 07.06.2011 Present: Complainant with ld. proxy counsel.
Summons sent by post received back with a report no such person.
There is no report in respect of regular summons.
Ahlmad to check and report.
Complainant wants to file fresh address of the accused.
However, in the meantime, fresh summons be issued for 03.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.6038/11 07.06.2011 Present: AR of the complainant company with counsel.
After going through the complaint and the affidavit of the complainant's witness and after considering the issues of limitation and jurisdiction, I am of the opinion that prima facie a case for offence punishable under section 138 of Negotiable Instruments Act, 1881 is made out against the accused person. The cheque is payable at par.
A summons be issued against the accused Paramjeet Singh for the next date of hearing. Complainant shall file necessary process fee.
Summons shall also be sent through the mode of speed post and authorized courier.
Complainant shall ensure the filing of sufficient number of copies of the complaint as provided in section-204(3) Cr.PC.
Complainant to file the Process fees within 10 days.
Complainant shall keep in mind the provision of section-204(4) Cr.PC. empowering the court to dismiss the complaint in case steps as directed above are not taken within a reasonable time.
Let the matter be listed for further proceeding under summary trial procedure on 05.08.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.2384/10 07.06.2011 Present: Complainant with ld. proxy counsel.
Ahlmad has indicated the words "process not received back" on the previous order sheet.
Ahlmad to check and report.
In the meantime, previous order be complied with afresh for 03.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.5758/11 07.06.2011 Present: AR of the complainant with counsel.
Summons received back served by way of affixation.
Process Server to be called for 01.08.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.4740/10 07.06.2011 Present: Ld. Counsel for the complainant.
It appears that no one was appearing on behalf of the complainant for the last several dates.
Court Notice issued to the complainant has been received back with a report no such person.
Ld. counsel, however, submits that the complainant has shifted his office.
Ld. counsel to ensure the presence of the AR of the complainant on the next date.
However, let order dated 02.08.2008 be complied with afresh.
Only one opportunity is being given to the complainant.
Be listed on 09.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.3928/10 07.06.2011 Present: Ld. Counsel for the complainant.
Summons received back unserved with a report no such office and no such person.
Ld. Counsel wants to filed fresh address of the accused.
Let him do so.
Summons be issued afresh on the new address to be filed by the complainant for 09.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No. 2075/10 07.06.2011 Present: None Notice issued to the complainant received back unserved with a report Talaband ( Report of 17.04.2011) and no such person ( Report of 12.05.2011). It appears that no one has been appearing on behalf of complainant for last several dates. Complainant has never intimated the change of address.
Bailable warrant issued against the accused received back unexecuted with a report that accused is not available at his residential address and no person of the name of the accused is working in CPWD Rajghat. However, it appears that the second address of the accused is Bharti Nagar. However, from the report given for the residential address of the accused, it appears that accused is deliberately avoiding the process of law. In the circumstances, NBW be issued against the accused on all the available addresses to be mentioned on the warrant. A notice be also issued to the Ld. Counsel for the complainant.
Be listed on 11.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.2415/10 07.06.2011 Present: None.
Process sent by post received back with a report Tala Band.
Regular process received back with a report Tala Band.
Summons to be declared to be served U/s 144(2) NI Act.
A Bailable Warrant in the sum of Rs.50,000/- with one surety of like amount be issued against the accused person.
Complainant to take all necessary steps for 18.10.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.749/10 07.06.2011 Present: None.
Be awaited.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 After lunch Present: AR of the complainant company with counsel.
Evidence tendered by way of affidavit. However, it appears that ld. proxy counsel has singed almost all the exhibit mark appearing on the documents and left the court.
In such circumstances, let a Notice be issued to the ld. counsel for the complainant.
Be listed on 06.08.2011.
Undersigned will be on long leave.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.4565/10 07.06.2011 Present: AR of the complainant with counsel.
Bailable Warrant received back with a report "Pradeep Sharma apne pariwar ke saath kahi chhutiya manane bahar gaya hua tha..........Pradeep Sharma is case se va warrants se chhipta fir raha hai".
In the circumstances, a Process U/s 82 Cr.P.C. be issued against the accused for 29.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.1258/10 07.06.2011 Present: None.
Notice issued to the complainant received back refused by the wife of the complainant.
It appears that no one has been appearing on behalf of the complainant for last several dates.
Let a Notice be issued to the ld. counsel for the complainant for 26.09.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.2090/10 07.06.2011 Present: Ld. Counsel for the complainant.
The matter is settled.
Statement of ld. counsel for the complainant recorded in this respect.
The matter stands compounded U/s 147 NI Act.
Accused is acquitted of the charges.
Bail Bond and Surety Bond, if any, discharged.
File be consigned to Record Room.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.5990/11 07.06.2011 Present: AR of the complainant with counsel.
After going through the complaint and the affidavit of the complainant's witness and after considering the issues of limitation and jurisdiction, I am of the opinion that prima facie a case for offence punishable under section 138 of Negotiable Instruments Act, 1881 is made out against the accused person.
A summons be issued against the accused for the next date of hearing. Complainant shall file necessary process fee.
Summons shall also be sent through the mode of speed post and authorized courier.
Complainant shall ensure the filing of sufficient number of copies of the complaint as provided in section-204(3) Cr.PC.
Complainant to file the Process fees within 10 days.
Complainant shall keep in mind the provision of section-204(4) Cr.PC. empowering the court to dismiss the complaint in case steps as directed above are not taken within a reasonable time.
Let the matter be listed for further proceeding under summary trial procedure on 04.08.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.3048/10 07.06.2011 Present: Both the parties with counsels.
Complainant Hariniwas Gupta partly cross-examined.
Cross-examination deferred.
Put up for further cross-examination of the complainant on 14.07.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.5256/10 07.06.2011 Present: Ld. Proxy counsel for the complainant.
NBW received back unexecuted with a report no such person.
It has further been reported that accused is avoiding his arrest.
In the circumstances, a process U/s 82 Cr.P.C. be issued against the accused.
Complainant to take all necessary steps for 30.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 File is received from the Mediation Cell as per order dated 06.06.2011 and the file is taken up today as mentioned in the Mediation Order.
CC No.898/10
07.06.2011
Present: AR of the complainant.
Accused absent.
Mediation failed. Record perused.
It appears from the record that accused is deliberately delaying the matter and trying to escape the prosecution on one pretext or the other.
Earlier, exemption applications were filed repeatedly and on 28.05.2011 only on the request of the ld. counsel for the accused file was sent to Mediation Cell.
From the record, it is clear that accused is deliberately avoiding the prosecution and not appearing in the present matter.
In the circumstances, a Non Bailable Warrant be issued against the accused person for 21.07.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.5098/10 07.06.2011 Present: Both the parties with their counsels.
Complainant cross-examined on an application U/s 311 Cr.P.C. and discharged.
Put up for statement of accused on 23.07.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 File is received by way of assignment. It be checked and registered.
CC No.6058/1107.06.2011 Present: AR of the complainant with counsel.
After going through the complaint and the affidavit of the complainant's witness and after considering the issues of limitation and jurisdiction, I am of the opinion that prima facie a case for offence punishable under section 138 of Negotiable Instruments Act, 1881 is made out against the accused person.
A summons be issued against the accused Ashwani Bansal for the next date of hearing. Complainant shall file necessary process fee.
Summons shall also be sent through the mode of speed post and authorized courier.
Complainant shall ensure the filing of sufficient number of copies of the complaint as provided in section-204(3) Cr.PC.
Complainant to file the Process fees within 10 days.
Complainant shall keep in mind the provision of section-204(4) Cr.PC. empowering the court to dismiss the complaint in case steps as directed above are not taken within a reasonable time.
Let the matter be listed for further proceeding under summary trial procedure on 16.08.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 File is received by way of assignment. It be checked and registered.
CC No.6059/1107.06.2011 Present: AR of the complainant with counsel.
After going through the complaint and the affidavit of the complainant's witness and after considering the issues of limitation and jurisdiction, I am of the opinion that prima facie a case for offence punishable under section 138 of Negotiable Instruments Act, 1881 is made out against the accused person.
A summons be issued against the accused Jitender Soni for the next date of hearing. Complainant shall file necessary process fee.
Summons shall also be sent through the mode of speed post and authorized courier.
Complainant shall ensure the filing of sufficient number of copies of the complaint as provided in section-204(3) Cr.PC.
Complainant to file the Process fees within 10 days.
Complainant shall keep in mind the provision of section-204(4) Cr.PC. empowering the court to dismiss the complaint in case steps as directed above are not taken within a reasonable time.
Let the matter be listed for further proceeding under summary trial procedure on 16.08.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 File is received by way of assignment. It be checked and registered.
CC No.6057/1107.06.2011 Present: AR of the complainant with counsel.
After going through the complaint and the affidavit of the complainant's witness and after considering the issues of limitation and jurisdiction, I am of the opinion that prima facie a case for offence punishable under section 138 of Negotiable Instruments Act, 1881 is made out against the accused company. There is no averment in the complaint against the individual accused person. Therefore, they cannot be summoned U/s 141 NI Act.
A summons be issued against the accused company for the next date of hearing. Complainant shall file necessary process fee.
Summons shall also be sent through the mode of speed post and authorized courier.
Complainant shall ensure the filing of sufficient number of copies of the complaint as provided in section-204(3) Cr.PC.
Complainant to file the Process fees within 10 days.
Complainant shall keep in mind the provision of section-204(4) Cr.PC. empowering the court to dismiss the complaint in case steps as directed above are not taken within a reasonable time.
Let the matter be listed for further proceeding under summary trial procedure on 06.08.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.3574/10 07.06.2011 Present: AR of the complainant.
Process issued against the against the accused still not received back. Be awaited.
In the meantime, previous order be complied with afresh for 30.09.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.2055/10 07.06.2011 Present: None.
As per record, Process issued against the against the accused still not received back. Be awaited.
In the meantime, previous order be complied with afresh for 03.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.5283/10 07.06.2011 Present: Ld. Counsel for the complainant.
Process received back served.
However, Process Server is not present.
Let a Notice be issued to the concerned SHO who shall ensure the presence of this Process Server on the next date of hearing.
Be listed on 21.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.5261/10 07.06.2011 Present: Ld. Counsel for the complainant.
Process still not received back. Be awaited.
Ahlmad to check and report.
In the meantime, previous order be complied with afresh for 21.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.501/10 07.06.2011 Present: Ld. Proxy counsel for the complainant.
There is no report in respect of compliance of previous order.
Ahlmad to check and report.
In the meantime, previous order be complied with afresh for 03.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.4383/10 07.06.2011 Present: Ld. Counsel for the complainant.
Process still not received back. Be awaited.
Ahlmad to check and report.
In the meantime, previous order be complied with afresh for 18.09.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.4384/10 07.06.2011 Present: None.
Process still not received back. Be awaited.
Ahlmad to check and report.
In the meantime, previous order be complied with afresh for 18.09.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.4495/10 07.06.2011 Present: AR of the complainant.
Accused in person.
At request, list on 10.06.2011 for purpose fixed.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.799/10 07.06.2011 Present: None.
As per report of the Ahlmad, Process still not received back. Be awaited.
Ahlmad to check and report.
In the meantime, previous order be complied with afresh.
A Court Notice be also issued to the complainant for 02.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.797/10 07.06.2011 Present: None.
As per report of the Ahlmad, Process still not received back. Be awaited.
Ahlmad to check and report.
In the meantime, previous order be complied with afresh.
A Court Notice be also issued to the complainant for 02.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11 CC No.794/10 07.06.2011 Present: None.
As per report of the Ahlmad, Process still not received back. Be awaited.
Ahlmad to check and report.
In the meantime, previous order be complied with afresh.
A Court Notice be also issued to the complainant for 02.11.2011.
(RAKESH KUMAR SINGH) MM (NI Act)-Central-01/THC/Delhi/07.06.11