Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 47
CC NI ACT 800/2023
AARYAVRAT PRODUCTS INDIA PVT. LTD. Vs. MAA SHARDA AGENCY
PS : Darya Ganj
17.02.2023
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 - Sh. Akhilesh Tejpal, Ld. counsel for the complainant along with AR.
Physical copies of documents have been submitted on behalf of the Complainant. The
Reader/Ahlmad is directed to keep the documents in safe custody.
Perusal of the record shows that in the present complaint, the cheque in question was is-
sued in favour of the Aaryavrat Products India Pvt Ltd., however, the present complaint has been filed
by Aaryavrat India. Ltd. The counsel for the complainant has placed on record the certificate of incor-
poration wherein the name of the company has been changed and the same is dated 14.07.2022.
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
20.07.2023.
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 20.07.2023.
(NAINA GUPTA)
MM–01 (N.I.Act)/Digital Court Central,
Tis Hazari Courts/Delhi/17.02.2023
-- 1 of 1 --