Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 33 CC NI ACT 5883/2023
CSL FINANCE LIMITED Vs. SHYAM SUNDAR
09.10.2024
Proceedings conducted online through VC using Cisco Webex as
well as through Hybrid Mode.
Present : 	Mr. Sunny Arora, Ld. counsel for the complainant
through V.C.
Matter is listed for consideration/clarification.
Ld. Counsel for the complainant he has filed e-filing
history on on the official email ID of this Court. Same is taken on
record. Let the same be uploaded on Layers.
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.
(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
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/09.10.2024
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verification 	in 	the 	form 	of 	affidavit 	of 	evidence, 	there 	are
sufficient grounds for proceeding further against accused(s) for
offence punishable under Section 138 NI Act.
(3) 	Hence, issue summons against the accused person(s)
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.
(4) 	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.”
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/09.10.2024
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(5) 	Complainant is directed to file the process fee as
well as postal envelopes physically, mentioning the details of the
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.
(6) 	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 19.04.2025.
(
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/09.10.2024
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