Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22 CC NI ACT 2377/2023
M/S CHINTAMANI FINLEASE LTD Vs. SANJEEV WADHWA
(Preet Vihar)
15.04.2025
Matter taken up through VC on Cisco Webex.
Present: Sh. Naresh Kumar Joshi, Ld. Counsel for the complainant through VC.
Bank witness Mr. Ajit Mishra from HDFC bank in person.
CW1 examined and discharged.
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
23.08.2025. 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 23.08.2025.
(Shiva Parashar)
JMFC (NI Act) Digital Court-01
East /KKD Courts 15.04.2025
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