Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CR REV 3/2025
SAMEER MAHANDRU
VS.
M/S PERNOD RICARD INDIA PVT. LTD.
15.01.2025
Present: Sh. Hemant Shah, ld. counsel for petitioner.
Sh. Karan Khanuja alongwith Sh. Raj Kamal, Sh.
Diljeet Titus and Ms. Aprajta Tyagi, ld. counsels for
respondent (fresh vakalatnama filed).
Present petition is against the summoning order dated
31.08.2024 whereby the petitioner and other accused persons
have been summoned by the concerned Ld. JMFC for the offence
under S. 138 NI Act.
During arguments, the ld. counsel for petitioner has
pointed out that the complaint filed before ld. JMFC is barred by
limitation. It is submitted that the legal notice is dated 29.12.2022
which was duly served through email on 28.12.2022. The
complaint case has been filed after the expiry of limitation period
on 03.03.2024, hence, the cognizance could not have been taken
on the complaint which is barred by limitation. He has also
pointed out that the PoA in favor of AR Sh. Rahul Sharma was
executed on 11.02.2023 while his affidavit in the capacity of AR
...contd.
-- 1 of 3 --
--2--
filed alongwith the complaint is dated 10.02.2023 i.e. prior to the
PoA. He prays for stay of the order dated 31.08.2024.
It is further submitted that the co-accused / company M/s
Indospirit Distribution Ltd. had also filed similar petition against
the same order, which is pending in the present court. It is further
submitted that the present court vide order dated 18.12.2024 has
exempted the appearance of AR of the company before the ld.
JMFC. It is submitted that similarly in the present petition also,
the petitioner be exempted from his personal appearance before
ld. JMFC on 18.01.2025 when the matter is listed before ld.
JMFC.
Heard ld. counsel for petitioner and perused the complete
revision file. In the conspectus of the facts, since the matter is
stated to be listed before ld. JMFC on 18.01.2025, he shall not
insist on the presence of the petitioner on the date fixed i.e.
18.01.2025.
Ld. Counsel for respondent seeks some time to file reply to
the present petition. Let the same be filed on or before the NDOH
with advance copy to the other party. ...contd.
-- 2 of 3 --
--3--
Put up for consideration with the connected case on
10.02.2025.
TCR be summoned two days prior to the NDOH.
Copy of the order be given dasti.
(KIRAN GUPTA)
Addl. Sessions Judge-04
Patiala House Courts
New Delhi/15.01.2025
-- 3 of 3 --