Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 434-2022
RELIGARE FINVEST LTD
versus
M/S SRI SAI AGENCIES
18.05.2022
Proceedings conducted through video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Saharsh Jauhari, Ld. Counsel for complainant.
Sh. K.V. Gopi, Ld. counsel for the proposed accused no. 1.
Ld. counsel for the complainant has filed amended memo of parties,
amended complaint, legible copy of cheques and partnership deed on the e-mail ID of
the court. Same be taken on record.
Arguments on the point of summoning heard.
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. 3 is prima
facie responsible, being the drawer of the cheque and accused no. 1 is also prima facie
responsible being a Partner of the accused No.1 partnership firm as well as signatory
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to the cheques in dispute. Accused No. 2 is also prima facie responsible being a
partner who has signed the loan documents as co-applicant alongwith accused no. 1.
(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, accused no. 1 has already entered into appearance through
counsel, service of summons to him is dispensed with and the service of summons is
deemed to have served upon him.
Ld. counsel for accused no. 1 is directed to file his Vakalatnama,
personal bond and surety bond on behalf of accused no. 1 in sum of Rs. 80,000/- each.
Since the present offence is bailable in nature, the accused No. 1 is admitted to bail
subject to furnishing of personal bond.
Hence, issue summons against the accused No. 2 and 3 (as per amended memo of
parties) on PF/RC/Approved Courier. Service be also effected on the email and
whatsApp message(s), as provided by the complainant and further subject to filing of
report of service. Necessary particulars be filed on affidavit within 7 days. For
facilitation of the same, dasti summons are permitted. The process server is directed to
serve the summons by way of affixation in terms of Sec. 65 CrPC, if premises found
closed or same could not be served personally or on any adult male member.
(4) As per the guidelines laid down in Damodar S. Prabhu Vs. Sayed
Babalal H, AIR 2010 (SC) 1907, Ahlmad is directed to make a mention on the
summons issued against the accused (by adding separate sheet, if required) that
“accused can make an application for compounding of the offence at the first and
second hearing of the case and if such an application is made, compounding may be
allowed by the Court without imposing any costs on the accused.”
(5) Ahlmad is also directed to mention the official email id and video
conferencing link of this Court on the summons. Complainant is directed to file PF
and take steps within 07 days including providing copy(ies) of complaint otherwise
the complaint may be dismissed u/s 204(4) Cr. P.C. The complainant is also apprised
of the fact that at the time of filing 1 st PF, he is required to mandatorily fill the Meta
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Deta form.
Put up for report/appearance of accused and further proceedings on
23.08.2022.
PA is directed to do updation of the case and upload the order as per
rules.
(Padma Landol)
MM (NI Act), Digital Court-03
PHC/New Delhi/18.05.2022
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