Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 CC NI ACT 1497/2023
M/S DEEPU PRAKASHAN THROUGH ITS
PARTNER TARUN ARORA Vs. ARJUN
SINGH
20.03.2025
Matter received by way of transfer in pursuance of order of Ld. Principal District & Sessions
Judge (HQs), vide order no.62085-62110 F.3(4)MM(Gaz.)/2024, Delhi, Dated 04.11.2024.
Proceedings conducted through Video Conferencing via CISCO Webex app as well as through
Hybrid Mode.
Regular Stenographer is on leave till 05.05.2025.
Present : Sh. K.L. Chaudhary, Ld. counsel for the complainant.
None for the concerned bank official.
None is appearing on behalf of the bank official concerned.
GST details of the proposed accused furnished by the complainant.
Perusal of the GST details reveals the legal status of the proposed accused
firm.
In light of the clarifications furnished, the requirement for appearance of the
bank official concerned, no longer remains.
Thus, the appearance of the bank official concerned is hereby dispensed
with.
The present complaint has been filed u/s 138 NI Act. It is submitted by the
Ld. Counsel for the complainant that the originals have been deposited with the Reader /
Ahmad of the Ld. Predecessor Court.
Ahlmad is directed to receive the originals from the Ahlmad of the Ld.
Predecessor court and to keep the originals in safe custody.
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
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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.
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 persons for the offence punishable
under Section 138 NI Act.
Accused No. 2 is a company and is
prima facie liable for answering to the
present complaint, being the drawer of the cheque. Accused No. 1 is the Managing
Director and is prima facie liable, being the Key Managerial Personnel [as per Section 2
(51) of the Companies Act, 2013] of the accused company.
Hence, let summons be issued against both the accused persons i.e. accused
No. 1 and 2 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 report of service. For this purpose, complainant is at liberty to effect
dasti 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
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where they are affixed 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 copies 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 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
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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 25151759834.
Put up for appearance, grant of bail and framing of notice u/s 251 Cr.P.C on
30.05.2025.
Order be uploaded as per rules.
(Nitika)
JMFC / Digital Court – 04 (NI Act)
Central / Delhi /20.03.2025
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