Order 1

Order Details: COPY OF ORDER
Pdf Text: CC No. 7216/2023
M/s Rakesh Adesh Enterprises Vs. Sanju Kumar
22.08.2023
Fresh case is received by way of assignment. It be checked and registered.
Present: Ld. Counsel for the Complainant alongwith complainant.
This is complaint filed for offence punishable under Section 138 N. I.
Act. I take cognizance of said offence.
The complainant/ AR of the complainant has tendered his affidavit
Ex.CW-1/A in pre-summoning evidence along-with documents. He has closed his
pre-summoning evidence.
Arguments on 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 proposed
accused proprietor, however there are no sufficient grounds for proceedings further
against proprietorship firms as it is non juristic personality for offence punishable
under Section 138 N. I. Act, 1881.
Hence, issue summons against the accused proprietor on
P.F./R.C./Approved Courier for 04.11.2023. Dasti summons be also provided, if
demanded.
The complainant can provide email address of accused person(s), if any
for service. The service of summons through what's app messages(s) and text
message(s)is 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. 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
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(2010) 5 SCC 663.
Complainant is directed to file PF and take steps within 30 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/22.08.2023
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