Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 9799/2024
Clavecon India private limited Vs. D V Build Infra Private Limited
01.04.2025
Regular stenographer is on leave today.
Present: Sh. P K Gupta, Ld. Counsel for the complainant.
AR for the complainant.
None for proposed accused.
Notice issued to the proposed accused not received back.
However, tracking report has been filed by the Ld. Counsel for the
complainant and as per the same, item has been returned unclaimed.
It is deemed service upon the proposed accused.
On the LDOH, Ld. Counsel for the complainant has filed proof of service
of notice upon the proposed accused through E-mail.
Today Ld. Counsel for the complainant has also filed affidavit with
regard to physical verification of the accused. He further submits that the proposed
accused persons are residing at the address on which notice is already served.
However, proposed accused persons have not entered appearance today
despite service. It appears that the proposed accused 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.
Narayanan Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint,
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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 person for offence punishable under Section 138 N.
I. Act qua the cheque in question.
Accordingly, issue summons to accused no. 1, 2, 3, 4 and 5 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 22.07.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
01.04.2025
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