Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 30
CC NI ACT/7976/2023
DLCT020222962023
M/S INVICTUS DIGITAL
Vs.
RAHUL JAIN
05.10.2024
Matters are being taken up physically in terms of order no. 67/RG/DHC/2022 dated 11.02.2022.
VC Link is kept open for appearance in terms of order no. 01/RG/DHC/2023 dated 05.06.2023.
Present : Proposed AR Ajay with Ld. Counsel for the complainant Sh. Yaspal
Singh.
Ld. Counsel for the complainant has filed an application for
substitution of the AR alongwith Authority letter. Accordingly, Sh. Ajay
Bhayana is substituted as AR on behalf of complainant.
Additionally an application for amendment of complaint alongwith
amended affidavit of evidence has been field on behalf of the complainant stating
that inadvertently, accused No. 1 was mentioned in the proprietorship whereas
accused No. 1 is a company.
Submission heard. Record perused.
Since the accused is yet to be summoned and matter is at the intial
stage, and as no material alteration in the complaint is sought, application for
amendment of complaint stands allowed.
Amended complaint alongwith amended affidavit of evidence be
taken on record.
Pre-summoning evidence tendered by way of affidavit as CW1.
Arguments on summoning of accused heard.
Perused. From the perusal of complaint, affidavit in evidence and
documents filed on record, sufficient grounds are made out against the accused
to proceed u/s 138 Negotiable Instruments Act. Cognizance of offence u/s 138 NI
Act against accused, is taken u/s 142 NI Act. Accordingly, issue summons to the
accused No.1 (drawer company) and accused No. 3 Subham Jain
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(signatory of cheque) on filing of PF/RC returnable for 18.01.2025 as per
Section 144 NI Act.
Cognizance stands declined qua accused No. 2 Rahul Jain as
he had no role in the transaction in view of statement of complainant.
As per the guidelines laid down in the case titled as “Damodar S.
Prabhu vs. Sayed Babalal H”, AIR2010(SC)1907, Ahlmad is directed to make a
mention on the summons issued against the accused (by adding separate sheet,
if required) that “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”.
Process Server to make at least three sincere efforts for the purpose
of service of summons issued against the accused.
Ahlmad is directed to make the mention of the same on
the top of the process issued against the accused.
(Rupinder Singh Dhiman)
JMIC, NI Act-06, Central District, THC/05.10.2024
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