Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 682-2023
DAMANINDER SINGH JUNEJA Vs. BHAGWAT SINGH
12.10.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--districtcourtsdelhi.webex.com-meet-ninewdelhi1
Present: Sh. Shourya Uppal, Ld. Counsel for complainant.
The matter is at the stage of recording of statement of bank witness for
clarifying the reasons of return of impugned cheque.
Statement of bank witness of complainant bank is recorded and the
return file report brought by the witness is taken on record.
As per the statement of the bank witness the reason of return of the
impugned cheque is due to the inoperative nature of the bank account of the proposed
accused and the reason will prima facie constitute an offence u/s 138 of NI Act.
COGNIZANCE AND SUMMONING ORDER
1. I have perused the complaint, pre-summoning evidence by way of
affidavit 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
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-12.10.2023
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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 BHAGWAT SINGH for being
the drawer and signatory to the impugned cheque(s). The summons are to be sent
upon filing of PF/RC within one month from today, returnable on 17.02.2024. 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. As per the guidelines laid down in Damodar S Prabhu Vs. Sayed Baba
Lal 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 a 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. 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.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-12.10.2023
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6. Renotify for appearance of the accused/furnishing of bail bonds/
consideration on Notice under Section 251, CrPC on 17.02.2024.
7. The summons must accompany the copy of the complaint along with
other supporting documents and the complainant will file the proof of the copy being
supplied to the accused before this court on the NDOH.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-12.10.2023
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