Full Order Text
Order 1 · 15 Feb 2023 · CNR DLCT020005172023
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 -- 1 of 1 --