Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 854-2022
HINDWARE HOME INNOVATION LTD Vs. ADMS APPLIANCES AND
ELECTRONICS
01.07.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Sh. Chetan Yadav, Ld. Counsel for complainant.
Ld. Counsel for complainant submits that some more time may be
granted to file physical copy of the fresh authority letter along with fresh pre
summoning evidence filed by way of affidavit which was filed digitally on the last
date of hearing on the email id of this court.
Heard. Time granted.
Ld. Counsel for complainant further submits that he has filed the master
data of the accused company as directed vide last order.
Same is taken on record.
1. I have perused the complaint, Authorization 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 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
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-01.07.2023
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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 no. 1, ADMS APPLIANCES
AND ELECTRONICS PVT LTD for being the drawer and accused no. 2 MR.
DEB KUMAR ROY for being the director and authorized signatory of the
impugned cheque(s). Proceedings against proposed accused no. 3 are hereby
dropped. The summons are to be sent upon filing of PF/RC within one month from
today, returnable on 25.10.2023. 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
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-01.07.2023
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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.
6. Renotify for appearance of the accused/furnishing of bail bonds/
consideration on Notice under Section 251, CrPC on 25.10.2023.
7. The summons must accompany the copy of the complaint along with
other supporting documents and the complainant will file the proof of the the copy
being supplied to the accused before this court on the NDOH.
PA is directed to upload the orders as per rules.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-01.07.2023
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