Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 02/2024, 03/2024, 04/2024 & 05/2024
Swagat Fashion Co. Vs.
02.01.2024
Fresh case is received by way of assignment. Be checked and registered.
Present : AR/ Complainant with counsel.
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 15.04.2024. 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.
(NITISH KUMAR SHARMA)
M.M.01(N.I.Act)/Central,
THC/Delhi/02.01.2024
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