Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 50
CC NI ACT2645/2023
C A COOPERATIVE THRIFT AND CREDITSOCIETY LTD Vs. AMIT BUDHIRAJA
(Shakarpur)
16.05.2024
Matter taken up through VC on CISCO Webex.
Present: AR for the complainant.
None for the bank witness.
Summons issued to the bank witness received back duly served.
Perusal of the returning memo reveals that the cheque in question was
dishonored due to inoperative bank account and the court is of considered view that the
same falls within the ambit of section 138 of N.I. Act.
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 28.01.2025. 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 28.01.2025.
(KAVITA BIST)
MM (NI Act) Digital Court
East /KKD Courts 16.05.2024
-- 1 of 1 --