Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 73-2022
ECLEAR LEASING AND FINANCE PVT LTD
versus
BITTU
01.04.2022
Proceedings conducted through video conferencing on Cisco Webex platform using the URL link
https://delhidistrictcourts.webex.com/meet/ninewdelhi1.
Present: AR alongwith Sh. Himanshu Dhawan, Ld. Counsel for complainant.
As reported by the Ahlmad, physical complaint and document have been
submitted.
Heard.
Perusal of record would consume considerable time. Hence, put up for order at 4
PM.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/01.04.2022
Present: None.
1. I have perused the complaint, Authorization in favour of the AR of the
complainant, pre-summoning evidence by way of affidavit of the AR of the complainant and the
documents relied upon by the complainant. The present complaint has been filed within the
limitation/extended period of limitation (In Re Cognizance for Extension of Limitation
dated 08.03.2021 (Suo Moto Writ Petition (Civil) No.3/2020 and miscellaneous application
No. 665/2021) and is within the jurisdiction of this Court. The complaint and the original
documents have been submitted to the Ahlmad for safe custody. The documents have been
identified today in accordance with the pre-summoning evidence by way of affidavit.
2. In light of the decision of the Hon'ble Supreme Court in A.C. Narayanan v. State
of Maharashtra & Anr. (2014) 11 SCC 790, Full Bench, examination of the complainant upon
oath for issuance of process is a matter of discretion of the Magistrate. In the considered opinion
of this Court, there is no need to examine the complainant for the purpose of issuance of process.
There is sufficient material before this Court to proceed against the accused. I hereby take
cognizance of the offence under Section 138 of the NI Act.
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3. Accordingly, issue summons to accused, Bittu, for being the drawer and
signatoryto the impugned cheque as proprietor of M/s Anmol Collection. The summons are
to be sent upon filing of PF/RC within one month from today, returnable on 02.08.2022. The
complainant is directed to file metadata form before filing of PF. The process server is directed to
serve the summons by way of affixation, if premises are found locked or same could not be
served personally or on any adult male member. To expedite service, the complainant is at liberty
to serve the summons through speed post/approved courier, subject to filing internet generated
tracking report of service on the next date of hearing. The complainant may also send summons
through email and WhatsApp to the accused and file the requisite affidavit of service along with
Certificate u/S 65B Evidence Act on the next date of hearing.
4. An endorsement be also made on the form for summons 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 & Instruments (P) Ltd. v. Kanchan Mehta, (2018) 1
SCC 560 and if settlement is made at subsequent stages, the consequences as provided in
Damodar S. Prabhu v. Syed Babulal H; (2010) 5 SCC 663 shall be enforced.
5. The Ahlmad is directed to mention the official email id of the Court, the URL
link as well as the permanent meeting number of video conferencing through CISCO Webex
platform, on the form for issuance of summons. Complainant is directed to file PF and provide
copies of the complaint and other necessary documents, within one month from today, failing
which the complaint may be dismissed under Section 204(4), CrPC.
6. Renotify for appearance of the accused/furnishing of bail bonds/ consideration on
Notice under Section 251, CrPC on 02.08.2022.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/01.04.2022
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