Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 917-2022
MRS. PREMLATA SINGHI Vs. SUFIAN ANSARI
20.09.2022
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Sh. M.Kumar Tomar, Ld. Counsel for complainant along with
complainant.
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 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 2 Sh. Sufian Ansari for being the drawer
and signatory to the impugned cheques. Proceeding against proposed accused no 1 & 3 are hereby
dropped. The summons are to be sent upon filing of PF/RC within one month from today, returnable on
11.01.2023. 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
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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 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.
6. Renotify for appearance of the accused/furnishing of bail bonds/ consideration on Notice
under Section 251, CrPC on 11.01.2023.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-20.09.2022
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