Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 28
CC NI ACT1311/2023
LEELA DHAR GUPTA Vs. NEELAMWADHWA
(Laxmi Nagar)
07.03.2024
Matter taken up through VC on CISCO Webex.
Present: Ld. Counsel for the complainant.
Notice issued to the respondent received back duly served, however none is
appearing on behalf of the respondent. It seems that the respondent is not willing to raise any
arguments on the application for condonation of delay.
Submissions heard on behalf of the Ld. Counsel for the complainant.
Upon hearing the submission, the application for condonation of delay is
allowed.
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
15.07.2024. 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 15.07.2024.
As the complainant is a senior citizen shortest possible date is being given.
(KAVITA BIST)
MM (NI Act) Digital Court
East /KKD Courts 07.03.2024
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