Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 28 CC NI ACT 7768/2023
M/S BATTA BOOKS PVT. LTD. Vs. M/S BRIGHT DISTRIBUTING AGENCY
CNR No. DLCT02
04.11.2023
Present: Ld. Counsel for the complainant with AR for the 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.CW1/A
in presummoning evidence alongwith documents. He has closed his presummoning 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 17.02.2024. 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) 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 (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/04.11.2023
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