Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 7CC NI ACT 7398/2023
M/S ORANGE HOUSE PVT LTD Vs. MR.MANISH MITTAL/0 ()
CNR No.
02.11.2023
Today, the undersigned is also looking after the work of Ld. Link MM Sh. Mayank Aggarwal.
Present: Ld. Counsel for the complainant with AR for the complainant.
The AR/Complainant has tendered his presummoning evidence by way of affidavit
Ex.CW1 /A. 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.
Hence, issue summons against accused on P.F./R.C./Approved Courier for 28.02.2024.
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) and further
subject to filing of report of service. 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 that 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.
(Bhujali)
M.M.-01(N.I.Act)/Central,
THC/Delhi/02.11.2023
-- 1 of 1 --