Delhi District Court
Proceedings. (As Observed In The Order ... vs . on 4 February, 2011
C.C.No.3354/10
04.02.2011
Present: None.
Process Servers were called. However, Nazarat Branch had sent the notice
to the Rajender Nagar Police Station.
HC Nemdas from the Rejender Nagar Police Station is present.
Discharged.
A notice to Civil Nazar be issued for 10.02.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5355/11
04.02.2011
Present: Complainant with counsel.
Summons sent through post received back. Report perused.
Let a Bailable warrant in the sum of Rs.20,000/- be issued against the
accused person.
List on 09.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3955/10
04.02.2011
Present: Complainant with counsel.
Two Summons received back by the office. Summons received back.
Report perused.
Bailable warrant in the sum of Rs.1,00,000/- be issued against the accused
for 10.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5351/11
04.02.2011
Present: None.
Matter is at the stage of issuance of process U/s 83 Cr.P.C.
Process Server who executed the process U/s 82 Cr.P.C. was also to be
called.
File is received by way of transfer.
One opportunity.
Previous order be complied with.
Complainant to take all necessary steps.
List on 14.07.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File taken up on an order received from the Ld. ASJ Court.
C.C.No.3536/10
04.02.2011
Present: Counsel for the complainant.
He seeks sometime to argue on the jurisdiction aspect.
List on 07.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5357/11
04.02.2011
Present: Complainant with counsel.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with for 03.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5352/11
04.02.2011
Present: Complainant with counsel.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with for 03.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5349/11
04.02.2011
Present: Counsel for the complainant.
Matter was directed to be listed for consideration on territorial
jurisdiction.
I have gone through the file.
Accused has already been summoned vide earlier orders.
The Hon'ble Supreme Court of India has not granted any stay in the trial
proceedings. (as observed in the order dated 09.07.2010 passed in India Bulls Vs.
Delhi High Court Legal Services Committee).
The matter may continue.
Considering the circumstances of transfer, adverse order is not being
passed.
A notice may be issued to the accused person.
Complainant to take all necessary steps.
List on 11.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5356/11
04.02.2011
Present: Counsel for the complainant.
Matter was directed to be listed for consideration on territorial
jurisdiction.
I have gone through the file.
Accused has already been summoned vide earlier orders.
The Hon'ble Supreme Court of India has not granted any stay in the trial
proceedings. (as observed in the order dated 09.07.2010 passed in India Bulls Vs.
Delhi High Court Legal Services Committee).
The matter may continue.
Considering the circumstances of transfer, adverse order is not being
passed.
A notice may be issued to the accused person.
Complainant to take all necessary steps.
List on 11.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5367/11
04.02.2011
Present: None.
Considering the factum of transfer, an opportunity is being given.
Previous order be complied with, if applied for.
List on 29.06.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3806/10
04.02.2011
Present: Counsel for the complainant.
Notice issued to the surety not received back. Be awaited.
In the meanwhile, issue fresh notice to the surety for 30.04.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5361/11
04.02.2011
Present: AR of the complainant with counsel.
Considering the factum of transfer, an opportunity is being given.
Previous order be complied with.
List on 28.04.2011. Dasti.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5359/11
04.02.2011
Present: AR of the complainant with counsel.
Considering the factum of transfer, an opportunity is being given.
Previous order be complied with.
List on 28.04.2011. Dasti.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5360/11
04.02.2011
Present: AR of the complainant with counsel.
Considering the factum of transfer, an opportunity is being given.
Previous order be complied with.
List on 28.04.2011. Dasti.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.2368/10
04.02.2011
Present: Both the parties.
The matter is settled in the court today.
Joint statement 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, be discharged.
File be consigned to Record Room.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5353/11
04.02.2011
Present: complainant in person.
Considering the factum of transfer, an opportunity is being given.
Let previous order be complied with.
List on 04.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.449/10
04.02.2011
Present: Complainant with counsel.
Accused absent.
Bailable warrant received back. Report perused.
Issue NBW against the accused person for 26.04.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5368/11
04.02.2011
Present: AR of the complainant with counsel.
Ld. Counsel submits that dasti process was sent through Registered Post.
The same is not received back. Be awaited.
Fresh process be issued for 27.04.2011.
Complainant to take all necessary steps.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3944/10
04.02.2011
Present: None for the complainant.
Counsel for the accused.
Matter is stated to be settled.
Ld. Counsel for the accused submits that accused is paying the amount as
per Mediation agreement.
List of final disposal on 10.02.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3769/10
04.02.2011
Present: Counsel for the complainant.
Notice issued to the surety received back with a report "left".
Ld. Counsel for the complainant wants to file fresh address of the surety.
Notice to surety be issued afresh for 30.04.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.5726/11
04.02.2011
Present: Partner 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.
A summons be issued against the accused person 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 28.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.5780/11
04.02.2011
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 (the cheque
is payable at par, therefore, this court has 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 person 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 28.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5354/11
04.02.2011
Present: None.
Considering the factum of transfer, one opportunity is being given.
Accused be summoned, if applied for.
List on 19.04.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.1045/10
04.02.2011
Present: Complainant in person.
Accused in person.
List for orders on 14.02.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.239/10
04.02.2011
Present: Complainant with counsel.
Report not received back. Be awaited.
Concerned Process Served be called for 04.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3663/10
04.02.2011
Present: Counsel for the complainant.
Complainant is not present today.
Ld. Counsel submits that he has received the returned Registered AD and
envelope.
List for pre-summoning evidence on 10.02.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3941/10
04.02.2011
Present: Complainant with counsel.
At request, matter be adjourned to 10.02.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5345/11
04.02.2011
Present: Counsel for the complainant.
Bailable warrant as directed be issued against the accused through
concerned SSP.
List on 12.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3504/10
04.02.2011
Present: Complainant with counsel.
Accused with counsel.
Accused has disclosed his defence.
Accused wants to cross-examine the complainant. He may do so.
At request, matter be adjourned to 08.04.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.1153/10
04.02.2011
Present: Complainant with counsel.
Counsel for the accused.
Legal Aid Cousel Mr. J. Kumar discharged.
Ld. Counsel for the accused moved an exemption application. Not
supported with any document.
Exemption application dismissed.
Ld. Counsel has been engaged recently.
One opportunity.
Matter be adjourned to 05.04.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3730/10
04.02.2011
Present: AR of the Complainant in person.
Process still not recceived back. Be awaited.
Previous order may be complied with afresh.
A notice to the SHO be issued in respect of all the warrants issued in this
case.
List on 09.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.4363/10
04.02.2011
Present: Proxy counsel for the complainant.
Counsel for the accused.
Ld. Counsel for the accused requests for sometime.
He submits that there are also chances for settlement.
List on 09.02.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3595/10
04.02.2011
Present: AR of the complainant.
Steps not taken.
One opportunity.
Previous order may be complied with for 30.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.4747/10
04.02.2011
Present: Proxy counsel for the complainant.
Counsel for the accused.
Accused is exempted as applied.
Mediation failed.
Be put up for further proceedings on 19.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.1655/10
04.02.2011
Present: Mr. Lokesh Ahuja with counsel.
Counsel for the accused.
Accused is exempted as applied.
Ld. Counsel submits that the complainant firm has been dissolved and
converted into a Proprietorship concern.
CW1 Neeraj was partly cross-examined.
Ld. Counsel submits that he wants examine Mr. Lokesh Ahuja as
complainant witness.
Let matter be adjourned to 04.04.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.5784/11
04.02.2011
Present: 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 person 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 28.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.359/10
04.02.2011
Present: Both the parties.
At request, file be sent to Mediation Cell today at 2.00 p.m.
Regular date of hearing is 24.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5378/10
04.02.2011
Present: Complainant in person.
Considering the factum of transfer, an opportunity is being given.
Previous order may be complied with.
List on 03.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5382/10
04.02.2011
Present: Complainant in person.
Considering the factum of transfer, an opportunity is being given.
Previous order may be complied with.
List on 03.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5385/10
04.02.2011
Present: Counsel for the complainant.
Considering the factum of transfer, an opportunity is being given.
List for pre-summoning evidence on 17.02.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3590/10
04.02.2011
Present: Complainant in person.
Accused absent.
Summons received back duly served.
Complainant submits that matter is likely to be settled.
No adverse order is being passed.
To be listed on 04.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.620/10
04.02.2011
Present: Both the parties.
Matter is likely to be settled.
A connected matter has already been settled.
Parties seek time.
List for final disposal on 15.04.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3570/10
04.02.2011
Present: AR of the complainant.
Process not received back. Be awaited.
In the meanwhile, fresh process be issued for 21.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5350/11
04.02.2011
Present: Counsel for the complainant.
Considering the factum of transfer, one opportunity is being given.
Let previous order be complied with.
Complainant to take all necessary steps.
List on 24.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3935/10
04.02.2011
Present: AR of the complainant with counsel.
Counsel for the accused.
Accused is exempted as applied.
All the relevant documents to be supplied to the counsel for the accused.
Accused to disclose defence and lead defence evidence on 26.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.3922/10
04.02.2011
Present: AR of the complainant with counsel.
Counsel for the accused.
Accused is exempted as applied.
All the relevant documents to be supplied to the counsel for the accused.
Accused to disclose defence and lead defence evidence on 26.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5392/11
04.02.2011
Present: Counsel for the complainant.
Matter was directed to be listed for consideration on territorial
jurisdiction.
I have gone through the file.
Accused has already been summoned vide earlier orders.
The Hon'ble Supreme Court of India has not granted any stay in the trial
proceedings. (as observed in the order dated 09.07.2010 passed in India Bulls Vs.
Delhi High Court Legal Services Committee).
The matter may continue.
Considering the circumstances of transfer, adverse order is not being
passed.
A notice may be issued to the accused person.
Complainant to take all necessary steps.
List on 11.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5390/11
04.02.2011
Present: Counsel for the complainant.
Matter was directed to be listed for consideration on territorial
jurisdiction.
I have gone through the file.
Accused has already been summoned vide earlier orders.
The Hon'ble Supreme Court of India has not granted any stay in the trial
proceedings. (as observed in the order dated 09.07.2010 passed in India Bulls Vs.
Delhi High Court Legal Services Committee).
The matter may continue.
Considering the circumstances of transfer, adverse order is not being
passed.
A notice may be issued to the accused person.
Complainant to take all necessary steps.
List on 11.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5377/11
04.02.2011
Present: Counsel for the complainant.
Matter was directed to be listed for consideration on territorial
jurisdiction.
I have gone through the file.
Accused has already been summoned vide earlier orders.
The Hon'ble Supreme Court of India has not granted any stay in the trial
proceedings. (as observed in the order dated 09.07.2010 passed in India Bulls Vs.
Delhi High Court Legal Services Committee).
The matter may continue.
Considering the circumstances of transfer, adverse order is not being
passed.
A notice may be issued to the accused person.
Complainant to take all necessary steps.
List on 11.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File received by way of transfer.
C.C.No.5391/11
04.02.2011
Present: Counsel for the complainant.
Matter was directed to be listed for consideration on territorial
jurisdiction.
I have gone through the file.
Accused has already been summoned vide earlier orders.
The Hon'ble Supreme Court of India has not granted any stay in the trial
proceedings. (as observed in the order dated 09.07.2010 passed in India Bulls Vs.
Delhi High Court Legal Services Committee).
The matter may continue.
Considering the circumstances of transfer, adverse order is not being
passed.
A notice may be issued to the accused person.
Complainant to take all necessary steps.
List on 11.05.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.4056/10
04.02.2011
Present: Both the parties.
An application U/s 311 Cr.P.C. moved on behalf of the accused person.
Allowed.
Complainant cross-examined and discharged.
Put up for further proceedings on 01.04.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.5781/11
04.02.2011
Present: Complainant with counsel.
There is some delay in filing of complaint.
Ld. Counsel for the complainant submits that it was due to calculation
mistakes.
He wanted to file an application for condonation.
During the course of the day, the condonation application has been filed.
Let a notice of this application be issued to the proposed accused. Dasti.
Notice may also be sent by post.
List on 04.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
C.C.No.5791/11
04.02.2011
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 (the Legal
Demand Notice was served upon accused in Delhi), 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 person 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 15.03.2011.
(RAKESH KUMAR SINGH)
MM-1(Central)/Delhi/04.02.11
File is received by way of assignment. It be checked and registered.
C.C.No.5786/11
04.02.2011
Present: AR of the complainant with counsel.
ORDER:
I have passed an order in CC NO. 1552/10 ( T.B.S.L. Vs. Jitesh Sharma) on 12.10.2010 wherein it has been decided that the complainant cannot claim jurisdiction where the cheque is drawn on a bank situated outside Delhi and the accused resides outside Delhi.
It has however been decided in the said order that if the cheque is payable at par in all branches of the bank, the complainant can claim jurisdiction.
The said order has been passed after hearing several complainants on various dates.
Complainant in the present complaint can not claim jurisdiction. The matter ought to be returned as decided in the above noted case.
However, Ld. Counsel appearing in the matters of TBSL has placed before this court a copy of SLP filed in the Hon'ble Supreme Court. The SLP pertains to the matter decided by the Hon'ble High Court of Delhi in Delhi High Court Legal Services Committee vs. GNCT Delhi (WPC No. 11911/2009 decided on 23.09.2009). He has also placed before this court a copy of an order (Crl Rev P 170/2010 dated 19.04.2010) of Hon'ble Justice Vipin Sanghi. Hon'ble Justice has taken into account the factum of above said SLP. He is of the view that the outcome of the SLP should be awaited.
I have gone through the SLP. The result may also affect the question of territorial jurisdiction.
I consider that outcome may be awaited. List the matter on 31.03.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File taken up for purpose of acceptance of Bail.
C.C.No.472/10
04.02.2011
Present: Convict with counsel.
Sentence has been suspended by the Ld. Superior Court.
Convict has been directed to be admitted on bail.
Bail bond and surety bond in the sum of Rs.20,000/- as directed have been furnished by the convict. Accepted.
File be consigned to Record Room.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File taken up on an application moved by the accused.
C.C.No.378/10
04.02.2011
Present: Accused in person.
Accused has moved two applications.
One U/s 145(2) NI Act and the second U/s 315 Cr.P.C.
Vide application made U/s 145(2) NI Act r/w Section-311 Cr.P.C., accused wants to examine Handwriting Expert to prove the fact that the cheque in collateral in nature.
Section-145(2) NI Act is not applicable.
I do not find sufficient reasons to allow this application U/s 311 Cr.P.C.
Application is dismissed.
Accused has also moved an application U/s 315 Cr.P.C. to examine himself as defence witness.
No specific reason has been disclosed in the application.
Accused has already examined four witnesses in defence.
And, thereafter, defence evidence was closed by the Statement of accused on 29.11.2010.
Matter has repeatedly been listed for arguments. Case pertains to the year 2004.
This application is also dismissed.
Be listed on date fixed i.e. on 10.02.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File taken up on an application moved by the accused for cancellation of NBW.
C.C.No.505/10
04.02.2011
Present: Accused in person.
It appears that court notice to both the parties was directed to be issued on the last.
There was no direction to issue NBW.
The application is a frivolous one. Dismissed.
Matter is at the stage of final arguments since 13.10.2008.
Accused is directed to be present on the date of hearing.
Put up on the date fixed i.e. on 11.02.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 C.C.No.25/10 04.02.2011 Present: None for the complainant.
Accused in person.
In the morning, ld. Counsel for the accused was present and the matter was directed to be awaited for the complainant.
However, no one is present on behalf of the complainant.
Ld. Counsel for the accused is also not available now.
Pre-summoning affidavit is sufficient (Section-145(1) NI Act.
Accused to take notice and lead defence evidence.
List on 01.04.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 C.C.No.4665/1/09 04.02.2011 Present: Complainant with counsel.
Counsel for the accused.
In the morning, Ld. Counsel for the accused had moved an application for exemption and stay of NBW on the ground that accused was to appear in Karkardooma Court.
Ld. Counsel for the complainant was opposing the application.
Matter was directed to be called after lunch. However, accused is still unavailable.
I have gone through the records.
Accused has never appeared in the present matter.
NBW was issued when accused was absent despite assurance given by the ld. Counsel for the accused.
An application for cancellation of NBW was dismissed on 31.01.2011.
Today, accused has engaged a new counsel.
The date on the Vakalatnama is 04.02.2011.
In the circumstances, exemption application cannot be allowed. It appears that accused is deliberately escaping the process of law.
Ld. Counsel for the accused submits that he has no instructions to take notice on behalf of the accused.
NBW to continue. NBW may also be issued afresh.
Matter be adjourned.
Adjournment has to incur cost as imposable under Explanation-II appended to Section-309(2) Cr.P.C. Adjournment cost of Rs.15,000/- to be deposited by the accused person within 10 days with DLSA.
Matter to be listed on 10.03.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File is received by way of assignment. It be checked and registered.
C.C.No.5787/1104.02.2011 Present: 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 No.1, 2, 4 and 5 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 28.03.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 C.C.No.902/10 04.02.2011 Present: Complainant with counsel.
Accused in person.
Matter has already been settled.
They seek some more time for making of full and final payment.
List on 04.03.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File taken up on an application moved by the accused.
C.C.No.3159/10
04.02.2011
Present: Accused with counsel.
Conduct of the accused is not satisfactory. However, on the specific reason i.e. demise of the Mausi of the husband of the accused due to which accused was unavailable, NBW is cancelled.
Matter is at the stage of pronouncement of judgment.
List on date fixed i.e. on 18.02.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File taken up on an application moved by the accused.
C.C.No.3168/10
04.02.2011
Present: Convict with counsel.
These are two connected matters. Only one application has been filed.
Accused has already been convicted for the specific reason i.e. demise of the Mausi of the accused due to which accused was unavailable, NBW is cancelled.
Matter is at the stage of arguments on sentence on date fixed i.e. on 18.02.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File taken up on an application moved by the accused.
C.C.No.3170/10
04.02.2011
Present: Convict with counsel.
These are two connected matters. Only one application has been filed.
Accused has already been convicted for the specific reason i.e. demise of the Mausi of the accused due to which accused was unavailable, NBW is cancelled.
Matter is at the stage of arguments on sentence on date fixed i.e. on 18.02.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 C.C.No.4339/10 04.02.2011 Present: None.
Complainant has not been appearing since several dates. Accused is still unserved.
Notice issued to the accused already received back with a report "no such firm".
One person appeared on behalf of the complainant and filed a Authority Letter from VaTech Engineering Pvt. Ltd.
This is not the appropriate course.
Case pertains to the year 1999. However, accused is still unserved.
In the circumstances, appearing from the record, it is clear that complainant does not wish to proceed with the case.
Complaint is dismissed.
File be consigned to Record Room.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File received by way of transfer.
C.C.No.5365/11
04.02.2011
Present: None.
No one has appeared despite several calls.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with, if applied for.
Complainant be also intimated.
List on 01.07.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File received by way of transfer.
C.C.No.5364/11
04.02.2011
Present: None.
No one has appeared despite several calls.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with, if applied for.
Complainant be also intimated.
List on 01.07.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File received by way of transfer.
C.C.No.5358/11
04.02.2011
Present: None.
No one has appeared despite several calls.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with, if applied for.
Complainant be also intimated.
List on 01.07.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File received by way of transfer.
C.C.No.5389/11
04.02.2011
Present: None.
No one has appeared despite several calls.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with, if applied for.
Complainant be also intimated.
List on 01.07.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File received by way of transfer.
C.C.No.5388/11
04.02.2011
Present: None.
No one has appeared despite several calls.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with, if applied for.
Complainant be also intimated.
List on 01.07.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File received by way of transfer.
C.C.No.5383/11
04.02.2011
Present: None.
No one has appeared despite several calls.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with, if applied for.
Complainant be also intimated.
List on 01.07.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File received by way of transfer.
C.C.No.5371/11
04.02.2011
Present: None.
No one has appeared despite several calls.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with, if applied for.
Complainant be also intimated.
List on 01.07.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File received by way of transfer.
C.C.No.5384/11
04.02.2011
Present: None.
No one has appeared despite several calls.
Considering the circumstances of transfer, an opportunity is being given.
Summons has already been directed to be issued vide earlier orders.
The Hon'ble Supreme Court of India has not granted any stay in the trial proceedings. (as observed in the order dated 09.07.2010 passed in India Bulls Vs. Delhi High Court Legal Services Committee).
Previous order be complied with, if applied for.
Complainant be also intimated.
List on 01.07.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 File received by way of transfer.
C.C.No.5380/11
04.02.2011
Present: None.
No one has appeared despite several calls.
Considering the circumstances of transfer, an opportunity is being given.
Previous order be complied with, if applied for.
Complainant be also intimated.
List on 01.07.2011.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11 C.C.No.619/10 04.02.2011 Present: Both the parties.
The matter is settled in the court today.
Joint statement 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, be discharged.
File be consigned to Record Room.
(RAKESH KUMAR SINGH) MM-1(Central)/Delhi/04.02.11