Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 55
CC NI ACT 3110/2023
GURU NANAK SURGICAL Vs. THINK BIG SYSTEM PVT. LTD.
12.05.2023
Proceedings conducted through video conferencing via Cisco Webex App.
Present: Sh. Manoj Kumar, Ld. Counsel for complainant.
Accused no. 1 is a limited company.
Accused no. 2 and 3 are directors of the same.
Both accused no. 2 and 3 are signatories to the cheque in question. Further, master data of
accused no. 1 company has also been filed on record showing that accused no. 2 and 3 are directors.
Physical copies of documents be submitted with Reader/Ahlmad of this court within 15 days
from today.
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 21.10.2023.
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 21.10.2023.
(NAINA GUPTA)
MM–01 (N.I.Act)/Digital Court Central,
Tis Hazari Courts/Delhi/12.05.2023
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