Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 18 CC NI ACT 2420/2023
M/S ADITYA POWER SYSTEMS Vs. M/S TRANSELECTRA
POWER PVT LTD
27.01.2025
Proceedings conducted online through VC using Cisco Webex as
well as through Hybrid Mode.
Present : 	Mr. Harshit Sharma, Ld. counsel for the complainant
through V.C.
Matter is listed for consideration/compliance.
Ld. Counsel for the complainant submits that master
data of the proposed accused company has been filed 	on the
official email ID of this Court. Same is taken on record. 	Let the
same be uploaded on Layers.
Ld. Counsel for the complainant submits that the
proposed accused No.1 is the drawer of the cheque and proposed
accused No.2 and proposed accused No.3 are the directors of
proposed accused No.1. It is further submitted that proposed
accused No.2 Rambir is also the signatory of the cheque in
question and there is an acknowledgment of issuance of cheques
as well as receipt of payments on behalf of both the proposed
accused persons.
Submissions heard.
Due to the paucity of space at room no. 206, Second
Floor, Extension Block, Tis Hazari Courts, Delhi, original file is
not submitted. The complainant is hereby directed to keep the file
in safe custody and produce the same as and when directed by
this court.
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/27.01.2025
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(1) 	After 	perusal 	of 	the 	entire 	record 	including 	the
complaint, 	an 	affidavit 	of 	evidence 	and 	other 	annexed
documents, it is reflected that all the statutory requirements under
NI Act are complied with. This Court is of the considered opinion
that prima facie case punishable U/s 138 of NI Act is made out
and therefore, I take cognizance of the said offence.
(2) 	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, complaint, affidavit of
evidence 	and 	documents 	considered. 	In 	view 	of 	complaint,
documents 	produced 	with 	respect 	to 	return 	of 	cheque 	on
dishonourment 	and 	service 	of 	legal 	demand 	notice; 	and
verification 	in 	the 	form 	of 	affidavit 	of 	evidence, 	there 	are
sufficient grounds for proceeding further against accused no. 01
(company) and accused no. 02 and 03 (directors) for offence
punishable U/s 138 NI Act read with section 141 NI Act, also as
per the Hon'ble Supreme Court of India cited as (2015) 1 SCC
103 and (2016) SCC Online SC 304, conditions for the same are
fulfilled.
(3) 	Accused no. 1 is the company and is
prima facie
responsible, being the drawer of cheque. Accused no.2 Rambir is
the authorised signatory to the cheque in dispute and is therefore
prima facie liable. Accused No.3 Satish Kumar is the director of
accused No.1 and his alleged role has been mentioned in the
complaint as well as in the affidavit.
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/27.01.2025
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(4) 	Hence, issue summons against the accused no.1 M/s
Transelectra Power Pvt Ltd., accused No.2 Rambir and accused
No.3 Satish Kumar on P.F./R.C./Approved Courier/Speed post,
returnable on next date of hearing. Service be also effected on the
email, 	whatsapp 	message(s) 	and 	text 	message 	of 	accused
person(s), as provided by the complainant and further subject to
filing of report of service. For felicitation of the same, dasti
summons are permitted. In the event the house/office/premises is
found 	to 	be 	locked/refusal 	to 	accept 	the 	service/any 	other
contingency the process be served through affixation in terms of
Section 65, Cr.P.C.
(5) As per the guidelines laid down as in the case titled as
Damodar S. Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663, the
Reader-cum-Ahlmad is directed to mention the following two
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.”
(6) 	Complainant is directed to file the process fee as
well as postal envelopes physically, mentioning the details of the
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/27.01.2025
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case etc. for issuance of summons to the accused and take steps
within 	15 	days 	including 	providing 	copy(ies) 	of 	complaint
otherwise the complaint may be dismissed U/s 204(4) Cr.P.C.
The complainant is also apprised of the fact that at the time of
filing first PF, he is required to fill the mandatory NI Act
Complaint Meta Data. Reader-cum-Ahlmad is directed to issue
the summons only after ensuring that the same has been done.
(7) 	The Reader-cum-Ahlmad is directed to mention the
official email id and video conferencing link of this Court on the
summons. Reader-cum-Ahlmad is further directed to preserve PF
form, 	service 	report, 	postal/ 	courier 	envelopes 	and 	upload
scanned copies thereof on the LAYERS 2.0.
Accused 	is 	directed 	to 	appear 	before 	this 	court
physically in Room No.206, Extension Block, Tis Hazari, Delhi
at 10.00 am sharp or through video-conferencing on the Cisco
WebEx application through the permanent Cisco WebEx VC
Room 	Id 	https://districtcourtdelhi.webex.com/join/nicentral3 	.
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 of accused, grant of bail and
framing of notice under section 251 Cr.P.C. on 09.07.2025.
(
Short 	date 	is 	not 	possible 	due 	to 	the 	heavy
pendency of cases in this court).
The order be uploaded as per rules.
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/27.01.2025
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