Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CR. REV. NO. 688/2024
M/S INDOSPIRIT DISTRIBUTION LIMITED
VS.
PERNOD RICARD INDIA PVT. LTD.
18.12.2024
Fresh revision petition received by way of assignment.
It be checked and registered.
Present: Sh. Hemant Shah, ld. counsel for petitioner.
Present petition is against the summoning order dated
31.08.2024 whereby the petitioner alongwith the Directors and
other accused persons have been summoned by the concerned
Ld. JMFC for the offence under S. 138 NI Act. Present petition
has been filed only by the company M/s Indospirits through its
AR.
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
...contd.
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executed on 11.02.2023 while his affidavit in the capacity of AR
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.
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 19.12.2024, he shall not
insist on the presence of the AR of the petitioner no. 1 company
on the date fixed i.e. 19.12.2024.
Issue notice of the present petition to the respondent on
filing of PF/RC as well as through all the electronic modes for
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/18.12.2024
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