Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 2632021
AMAZING RESEARCH LABORATORIES LIMITED Vs. YASH JAIN
PROPRIETOR OF MICROBE HEALTH
10.03.2021
(Proceedings conducted online through video conferencing using CISCO
WEBEX software)
Present: Sh. Ankit Sharma, Ld. Counsel for the complainant.
Sh. Yash Jain, the proposed accused in person.
The matter is fixed for arguments on the condonation application.
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, 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. In view of the same, the arguments on the condonation application is
dispensed with.
ReadercumAhlmad 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.
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2
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 is prima
facie responsible, being the drawer of the cheque in dispute.
(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 has already entered into appearance, the need to
issue a separate summons is dispensed with. The accused is apprised about the
present matter. The Ld. counsel for the complainant is directed to furnish a complete
set documents to the accused within 07 working days from today. The accused is
directed to furnish personal bonds in sum of Rs. 60,000/ with one surety of like
amount. The accused submits that he will engage a counsel and will do the needful
before the next date of hearing.
Put up for compliance, order on referral to mediation/ framing of notice
on 08.04.2021.
P.A. is directed to do updation of the case and upload the order as per
rules.
(PADMA LANDOL)
MM (NI Act) Digital Court03
New Delhi, PHC/Delhi/10.03.2021
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