Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 77-2022
INDIA TOURISM DEVELOPMENTCORPORATION Vs. AYESHAHOSPITALITY PVT.
LTD.
30.01.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Matter received by way of transfer.
Present: Ms. Swati Setia, Ld. counsel for the complainant.
Sh. P.S. Singhal, Ld. counsel for the proposed accused.
Arguments heard on the point of summoning.
Ld. counsel for the complainant submits that proposed accused no.2 is the
signatory to the cheque in dispute. Heard and considered.
In the light of the order of Hon’ble Supreme Court in Suo Moto Writ Petition
(Civil) No. 3/2020 in In Re: Cognizance for Extension of Limitation dated 08.03.2021,
subsequent order dated 27.04.2021 and further order dated 10.01.2022, the present
complaint falls within the extended limitation period as allowed by the Hon’ble Supreme
Court, hence, there is no delay in filing the present complaint.
Ahlmad of the Court intimates that he has received the original case
documents from the complainant. He is directed to keep the same in his safe custody.
COGNIZANCE AND SUMMONING ORDER
(1) This is a complaint filed for offence punishable under Section 138 N. I. Act.
Complaint, affidavit of evidence and other annexed documents perused. I take cognizance
of the said offence.
(2) The Hon’ble Supreme Court in A. C. Narayanan Vs. State of Maharashtra &
Anr.” (2014) 11 SCC 790, has given discretion to the Magistrate to rely on the complaint,
documents annexed and the affidavit submitted by complainant in deciding whether or not
to issue process. u/s. 200 CrPC and it is not mandatory to examine upon oath the
complainant or its witnesses in order to decide the same. Upon considering the instant
complaint, documents produced and verification in the form of affidavit of evidence, there
are sufficient grounds for proceeding further against accused for offence punishable under
Section 138 N. I. Act. Accused no. 1 is prima facie responsible, being the drawer of the
cheque and accused no. 2 is also prima facie responsible being a Director of the accused
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No.1 company as well as signatory to the cheque in dispute. Accused No.3 is also prima
facie responsible being a Director who is allegedly responsible and Incharge of the day-to-
day affairs of the company.
(3) In terms of inquiry conducted under Section 202 CrPC, all the statutory
requirements have been complied with. The complaint is filed within the period of
limitation. I am also prima facie satisfied that the offence has been committed within the
jurisdiction of this court.
Since, the accused persons have already entered into appearance in the
connected matters, the service of summons in the present matter is dispensed with and the
summons is deemed to be served upon all the accused.
Ld. counsel for the accused undertakes to file his vakalatnama and bail bonds
during the course of the day.
Accused no.2 and 3 are directed to file personal bonds and surety bonds in
sum of Rs.50,000/- each. Sureties to appear on the NDOH.
Since the present offence is bailable in nature, the accused are admitted to bail
subject to furnishing of personal bonds.
Ld. counsel for the accused further submits that he has not received copy of
complaint and annexed documents.
Ld. counsel for the complainant is directed to do the needful within two days
time.
On little interaction, it appears that ample chances of settlement exist in this
matter. Parties have agreed to appear before Mediation cell. Both parties have been
explained the procedure and advantages of mediation process. The parties have been
explained the law laid down in Dayawati v. Yogesh Kumar Gosain, 2017 SCC OnLine Del
11032.
Let, matter be put up with consent of both sides before physical Mediation
Cell on 03.02.2023 at 12:30 p.m. and returnable to this Court on 25.03.2023 after process
of mediation.
Parties are directed to appear before Mediation Cell and before the Court on
dates fixed. It is clarified that if the parties fail to appear before the mediation cell on the
date and time fixed cost will be imposed on the next date of hearing. It is further clarified
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that in compliance of the law laid down in Dayawati v. Yogesh Kumar Gosain, 2017 SCC
OnLine Del 11032, both parties be present in the Court on the next date of hearing for
recording of statement if mediation succeeds. Parties are directed to sign the mediation
forms with the Ahlmad within three working days from today.
In case mediation fails, the parties be present before the Court on the next date
of hearing for framing of notice and further proceedings
Ahlmad is directed to send this order sheet along with the signed mediation
form to the Mediation cell, PHC.
P.A. is directed to update the case and upload the order as per rules.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/30.01.2023
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