Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 63CC NI ACT No.846/2023
RACHNA SAGAR PVT LTD Vs. MR ATIFSAID@ATIF SAYEED
23.02.2023
Proceedings conducted through video conferencing via Cisco Webex App.
Present - Sh. Deepak Sharma, Ld. Counsel for complainant.
The present complaint has been uploaded on 06.01.2023 as per affirmation on
record. The same is considered for the point of calculation on the limitation.
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 05.08.2023.
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 05.08.2023.
(NAINA GUPTA)
MM–01 (N.I.Act)/Digital Court Central,
Tis Hazari Courts/Delhi/23.02.2023
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