Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT - 785/2023
NEW SARASWATI HOUSE INDIAPRIVATE LIMITED Vs. SHIV BOOK STORE
15.02.2023
Proceedings conducted through video conferencing via Cisco Webex App.
Fresh case received by way of assignment. It be checked and registered as
per rules.
Present - Ld. counsel for the complainant.
Present complaint has been uploaded by the complainant on portal on 05.12.2022 and the
same date is considered for the purpose of calculation of period of limitation.
Physical copies of documents be submitted with Reader/Ahlmad of this court within 15
days from today.
Arguments on summoning of accused heard. Complaint and documents filed therewith
perused. In view of the provision u/s. 202 Cr.P.C., an inquiry has been conducted in the present matter
on the basis of the complaint and the documents filed along with it. The complaint appears to be well
within the limitation period. Upon consideration of the complaint, documents filed and examination of
complainant, prima facie there appears to be sufficient ground to proceed against the accused u/s. 138
N.I. Act. I hereby take cognizance of the offence punishable u/s. 138 of Negotiable Instruments
Act, 1881.
Let the accused be summoned on filing of PF and the META Data form within 15
days through RC-AD, Speed Post/approved courier services and Whatsapp/Email returnable on
17.07.2023.
Endorsement be made to the effect that offence punishable under section 138 of the
Negotiable Instruments Act, 1881 is compoundable by virtue of section 147 thereof, and should the
Accused disburse/deposit the cheque amount on or before the first date of hearing, the complaint may
be compounded in terms of ratio of judgment in the case of Damodar S. Prabhu Vs. Sayed Babalal
H. (2010) 5 SCC 663.
Reader-cum-Ahlmad is directed to mention the official email ID and video conferencing
link of this Court on the summons.
Put up for appearance of the accused on 17.07.2023.
(NAINA GUPTA)
MM–01 (N.I.Act)/Digital Court Central,
Tis Hazari Courts/Delhi/15.02.2023
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