Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 34
CC NI ACT981/2023
TIRUPATI STRUCTURALS LIMITED Vs.ROHIT KUMAR PANDEY
(Preet Vihar Circle)
04.10.2023
Matter taken up through VC on CISCO Webex.
Present: Ld. Counsel for the complainant.
This is complaint filed for offence punishable under Section 138 N. I.
Act. Complaint, affidavit of evidence and other annexed documents perused. I take
cognizance of said offence.
Following the law laid down in A. C. Narayanan Vs. State of
Maharashtra & Anr.” (2014) 11 SCC 790, complaint, affidavit of evidence and
documents considered. In view of complaint, documents produced and verification in
the form of affidavit of evidence, there are sufficient grounds for proceeding further
against accused person(s) for offence punishable under Section 138 NI Act.
The Ld. Counsel for the complainant has submitted the physical file
along with all the documents in original in the court. The Reader/Ahlmad is directed
to keep the file in the safe custody. Hence, issue summons against the accused person
on P.F./R.C./Approved Courier for 08.05.2024. Service be also effected on the email,
whatsapp message(s) and text message of accused person(s), as provided by the
complainant 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 earliest as per
judgment of M/s. Meters Meters and Instruments (P) Ltd. v. Kanchan Mehta, (2018)
1 SCC 560 and if settlement is made at subsequent stage the consequences as
envisaged in Damodar S. Prabhu; (2010) 5 SCC 663 shall be enforced.
The Ahlmad is directed to mention the official email id and video
conferencing link of this Court on the summons. Ld. Counsel for the complainant has
already filed Meta Data form. Complainant is directed to file PF and take steps within
07 days including providing copy(ies) of complaint otherwise the complaint may be
dismissed U/s 204(4) Cr. P.C.
Put up for appearance of accused on 08.05.2024.
(KAVITA BIST)
MM (NI Act) Digital Court
East /KKD Courts 04.10.2023
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