Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI Act 600-21
FUJIFILM INDIA PRIVATE LIMITED Vs.BUTTA SINGH
04.03.2021
Proceedings conducted through video conferencing on Cisco Webex platform using the
URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi1.
Present: AR of the complainant alongwith Ld. Counsel, Sh. Sanjeev Chaudhary.
1. I have perused the complaint, Board Resolution 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 period of limitation and is within the jurisdiction of this Court. The complaint
and the original documents have been submitted to the Reader-cum-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.
3. Accordingly, issue summons to accused Butta Singh for being the
proprietor of the drawer of the impugned cheque and authorized signatory of the
impugned cheque. The summons are to be sent upon filing of PF/RC within 07 days
from today, returnable on 09.04.2021. 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
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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 Reader-cum-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 07 days from today, failing which the complaint may
be dismissed under Section 204(4), CrPC.
Renotify for appearance of the accused/furnishing of bail bonds/
consideration on Notice under Section 251, CrPC on 09.04.2021.
(JYOTI MAHESHWARI)
MM (NI Act), Digital Court-01
PHC/New Delhi/04.03.2021
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