Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 40 CC NI ACT 1996/2025
UVR NATURAL FOODS PVT LTD Vs. ARTI MIGLANI
24.02.2025
Fresh case received by way of assignment. The same has been checked and registered.
Present case has been put up before me by the Reader of the court today.
Proceedings conducted through Video Conferencing via CISCO Webex app.
Present : Ms. Bhumika Madan, Ld. Counsel for complainant.
None for the propsed accused.
The matter is at the stage of consideration.
Service affidavit filed on behalf of the complainant.
Court notice issued to the proposed accused not received back.
Affidavit of service filed on behalf of the complainant alongwith the tracking
report.
None is appearing on behalf of the proposed accused today.
Perusal of the tracking report reveals that notice has been duly served upon the
proposed accused. It is therefore, evident that the accused has knowledge of the proceedings
in the present matter and has failed to enter appearance despite such knowledge.
Therefore, this court deems it appropriate to proceed with the present hearing
ex-parte.
The complaint and the accompanying documents have been duly perused.
Submissions heard on behalf of the complainant.
The present complaint has been filed u/s 138 NI Act. Record of the file perused.
All the statutory requirements u/s 138 NI Act have been complied with. Perusal of the entire
record including the complaint and the annexed documents shows that prima facie case u/s
138 NI Act is made out. The present complaint is well within the period of limitation.
I, therefore, take cognizance of the present offence u/s 138 NI Act.
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Arguments heard on the point of summoning. Following the law laid down in
A.
C. Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC 790, the complaint, affidavit of
evidence and documents considered. In view of the complaint, documents produced and
verification in the form of affidavit of evidence, there exist sufficient grounds for proceeding
further against the accused person for the offence punishable under Section 138 NI Act.
Let summons be issued to the accused on filing of PF/RC/AD/speed post, within
30 days, returnable for the next date of hearing.
Summon be also served through e-mail, whatsapp and text message, on all the addresses
provided by the complainant. Service effected by the complainant be subject to filing of
affidavit and report of service.
In case the service is not possible due to the premises being locked, or due to
unavailability or refusal, the process server is directed to serve the summons by way of
Affixation and file a photograph of the affixed summons clearly indicating the place where
they are fixed in a manner which shows that the affixation has been done on the given address,
as best possible.
Complainant is directed to file PF and take steps within thirty days including
filing of copy(s) of complaint and relating documents. Ahlmad is directed to issue the
summons only after ensuring that the same has been done. The complainant is further
apprised of the fact that at the time of filing of first PF, the complainant is required to fill the
mandatory NI Act complaint Metadata.
As per the guidelines in the case of
Damodar S. Prabhu Vs. Sayed Babulal H.;
(2010) 5 SCC 663, Ahlmad is directed to mention the following 2 clauses on the summons
issued against the accused (by adding separate sheet, if required) :
“A. Accused can make an application for compounding of the offence at
the first and second hearing of the case and if such an application is
made, compounding may be allowed by the Court without imposing any
costs on the accused.
B. If the accused does not make an application for compounding as
aforesaid, then if an application for compounding is made before the
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court at a subsequent stage, compounding can be allowed subject to the
condition that the accused will be required to pay 10% of the cheque
amount to be deposited as a condition for compounding with the District
Legal Services Authority.”
Ahlmad is directed to mention the official email ID and video conferencing link
of this court on the summons. Complainant is directed to file PF and postal envelops
physically mentioning the details of the case etc. for issuance of summons to the accused.
Ahlmad is further directed to preserve PF form, service report, postal courier envelops and
scanned copy thereof on LAYERS.
Accused is directed to appear before this court physically alongwith Ld. Counsel
in Room No.110, Extn. Block building, Tis Hazari Court, at 10.00 am sharp or through Video
Conferencing on the CISCO Webex application to the permanent CISCO Webex Video
Conferencing room ID : 25151759834. Complainant is also directed to appear before the
court physically alongwith Ld. Counsel or through video conferencing. Parties can access
information pertaining to working of Digital NI Act courts through the link
https://delhicourts.nic.in/digitalnicourts.html.
Put up for appearance, grant of bail and framing of notice u/s 251 Cr.P.C on
08.07.2025.
Order be uploaded as per rules.
(Nitika)
JMFC / Digital Court – 04 (NI Act)
Central / Delhi / 24.02.2025
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