Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 9659/2024
Agile Facilities And Management Pvt Ltd
Vs. Aarav International
09.04.2025
Present: Ms. Shraddha Aggarwal and Sh. Abhinav Sharma, Ld. Counsels for the
complainant alongwith AR.
None for proposed accused.
Ld. Counsel for the complainant has filed tracking report qua proposed
accused no. 1 and as per the same, notice has been duly served. Further, proof of
Whatsapp service qua proposed accused no. 3 and 4 alongwith affidavit has been filed on
behalf of complainant and as per the same, notice has been served. Same be taken on
record.
Today, affidavit with regard to physical address verification of the proposed
accused no. 2 has also been filed on behalf of the complainant. Same be taken on record.
Ld. Counsel for the complainant submits that the proosed accused no. 2 is
directed of proposed accused no. 1 and is residing at the same address and is avoiding the
process of law.
It is also submitted as the notice has been served upon the proposed accused
no. 1 company, all the accused persons have knowledge of the present complaint.
Heard.
None has appeared on behalf of the proposed accused today despite service.
It appears that the proposed accused persons do not wish to be heard on the point of
cognizance. Accordingly, this Court deems it appropriate to proceed further without
hearing the proposed accused as already sufficient opportunity has been given to him.
Complaint, affidavit of evidence and other documents perused. Prima facie,
complaint appears to have been filed within limitation period and falls within the
territorial jurisdiction of this court. I hereby take cognizance of the offence punishable
under Section 138 of NI Act qua the cheque in question.
Following the law laid down by the Hon'ble Supreme Court in “A. C.
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Narayanan Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint, affidavit of
evidence and annexed documents considered. Inquiry under Section 202 Cr.P.C.
conducted.
In view of the same I am satisfied, there are sufficient grounds for
proceeding further against accused persons for offence punishable under Section 138 N. I.
Act qua the cheque in question.
Accordingly, issue summons to accused no. 1, 2, 3 and 4 through
post/approved courier/other permissible modes on filing of PF & RC. PF & RC to be
filed within 7 days from today.
Ahlmad is directed to make the following endorsement on the summons
in terms of the guidelines of the Hon'ble Supreme Court in the case of
Damodar
S.Prabhu vs Sayed Babalal 2010 5 SCC 663:
(a) Accused can make an application for compounding of the offence at
the first or 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 Service Authority.
Further, the process server is directed that in the event of non availability
of the accused or house/office/premises is found to be locked or accused refuses to
accept the service, process be served through affixation.
List the matter for appearance of accused/ furnishing of bail bonds/ framing
of notice on 30.06.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
09.04.2025
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