Order 1

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 3705/2024
M/s Mahaveer Bros Vs. M/s Sahiba Creations India Pvt. Ltd.
04.04.2024
Fresh case is received by way of assignment. Be checked and registered.
Present: Ld. Counsel for the complainant with complainant.
The AR/Complainant has tendered his presummoning evidence by
way of affidavit Ex.CW1 /1. The same is taken on record vide a separate
statement. Documents filed by the complainant alongwith the affidavit exhibited.
Presummoning evidence is closed at the instance of the complainant/AR of the
complainant.
After going through the complaint and the affidavit of the
complainant /CW1 and after considering the issues of limitation, jurisdiction and
cause of action, this court is of the opinion that prima facie a case for offence
punishable U/s 138 NI Act, 1881 is made out against the accused. Therefore, I
take cognizance of offence U/s 138 NI Act.
Arguments on the point of summoning heard and documents
perused. I have also gone through the impugned cheque, bank return memo, legal
demand notice and other documents placed on record. I have also checked the
mode of the sending of demand notice. The complaint is filed within the period
of limitation. There are sufficient grounds for proceeding further against the
accused for offence punishable under Section 138 N. I. Act, 1881.
There are sufficient grounds for proceeding further against accused
01, which is company and accused no. 02, who is the director of accused
company as per documents furnished by complainant and they are also liable to
be summoned as per the judgments of Hon'ble Supreme Court of India in
matters of “Gunmala Sales Pvt. Ltd. And Others Vs. Navkar Promoters Pvt.
Ltd. And Others” (2015) 1 Supreme Court Cases 103, decided on October 17,
2014 and “Standard Chartered Bank Vs. State of Maharashtra and Others
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etc.” (2016) SCC Online SC 304, decided on 06.04.2016 as there are specific
averments against them as per Section 141 of N. I. Act, 1881.
Hence, issue summons against all the accused persons on
P.F./R.C./Approved Courier for 27.06.2024. The complainant can provide email
address of accused person(s), if any for service. The service of summons through
what's app message(s) also permitted provided the complainant files an affidavit
to the effect that number on which the said message(s) are sent is/are of the
accused person(s). In such event, the Ahlmad shall prepare notice and send them
to Nazarat Branch to effect service through email or whatsapp . The process
server is directed to serve the summons by way of affixation, if premises found
closed or same could not be served personally or on any adult male member.
Dasti summons be also provided, if demanded.
An endorsement be also made thats if application for compounding
at first or second hearing is made the court may pass appropriate orders at the
earlier as per judgment of Damodar S. Prabhu cited as (2010) 5 SCC 663.
Complainant is directed to file PF and take steps within 20 days
including providing copy(ies) of complaint otherwise the complaint may be
dismissed U/s 204(4) Cr. P.C.
(NITISH KUMAR SHARMA)
M.M.01(N.I.Act)/Central,
THC/Delhi/04.04.2024
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