Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 20 CC NI ACT / 1056/2024
M/s Seema Crafts Through Its Partner Amit Gupta Vs. M/s Divya Enterprises Through Prop Mayank
Srivastava
18.04.2024
Present: Ld. Counsel for the complainant with complainant.
This is complaint filed for offence punishable under Section 138 N. I. Act. I take
cognizance of said offence.
The complainant/ AR of the complainant has tendered his affidavit Ex.CW1/1 in
presummoning evidence alongwith documents. He has closed his presummoning evidence.
Arguments on point of summoning heard and documents perused. I have also
gone through the impugned cheque, bank return memo, legal demand notice and other documents
placed on record. I have also checked the mode of the sending of demand notice. The complaint is
filed within the period of limitation.
There are sufficient grounds for proceeding further against proposed accused
proprietor, however there are no sufficient grounds for proceedings further against proprietorship
firms as it is non juristic personality for offence punishable under Section 138 N. I. Act, 1881.
Hence, issue summons against the accused proprietor on P.F./R.C./Approved
Courier for 07.09.2024. Dasti summons be also provided, if demanded.
The complainant can provide email address of accused person(s), if any for service.
The service of summons through what's app messages(s) 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. In such event, the Ahlmad shall prepare
notice and send them to Nazarat Branch to effect service through email or whatsapp . 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 cited as (2010) 5 SCC 663.
Complainant is directed to file PF and take steps within 30 days including
providing copy(ies) of complaint otherwise the complaint may be dismissed U/s 204(4) Cr. P.C.
(NITISH KUMAR SHARMA)
M.M.01(N.I.Act)/Central,
THC/Delhi/18.04.2024
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