Order 2

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 1117-2022
FAHEEM ANEES Vs. MOHD. MURSALEEN
27.05.2022
Proceedings conducted through video conferencing
via Cisco Webex. It is certified that there was no issue of
audio-video connectivity.
Present: Ms. Meenakshi Aggarwal, ld counsel for complainant
along with complainant.
The Reader has confirmed the receipt of all originals as per
the SOP issued by the Hon’ble High Court of Delhi for the
functioning of the Digital Courts.
The present complaint, the pre-summoning evidence by
way of affidavit and the exhibits therein have been perused. In view of
the ruling in AC Narayanan Vs. State of Maharashtra [(2014) 11
SCC 809], the formal recording of the pre-summoning evidence
stands dispensed with.
Present complaint has been filed beyond the limitation
period as prescribed under the Negotiable Instruments Act, 1881.
However, in view of the order of Hon’ble Supreme Court dated
08.03.2021 Suo Motu Writ Petition (Civil) NO. 3 of 2020, titled
as “In Re: Cognizance of Extension of Limitation”, the period
from 15.03.2020 to 14.03.2021 is required to be excluded for the
purpose of calculating limitation. Thereafter, vide order dated
27.01.2021, the period of limitation was further extended from
14.03.2021 till further orders. Subsequently, vide order dated
23.09.2021 and in view of order of Hon’ble Supreme Court in M.
A. 21 & 29 of 2022, dated 10.01.2022 period of limitation from
15.03.2020 till 28.02.2022 was directed to be excluded for the
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purpose of calculating limitation. Consequently, the issue of
limitation is not required to be considered in the present matter.
Physical copies of documents have been submitted on
behalf of the Complainant. The Reader/Ahlmad is directed to
keep the documents in safe custody.
Arguments on summoning of accused have been heard.
The Complaint and documents filed therewith have been perused.
Upon consideration of the complaint, documents filed and
examination of complainant, prima facie there appears to be
sufficient ground to proceed against the Accused U/s. 138 N.I.
Act. I hereby take cognizance of the offence punishable U/s.
138 of Negotiable Instruments Act, 1881.
Let the accused be summoned on filing of PF and the
Meta Data form within 7 days through RC-AD, Speed
Post/approved Courier Services returnable on 14.10.2022.
Endorsement be made to the effect that offence
punishable under section 138 of the Negotiable Instruments Act,
1881 is compoundable by virtue of section 147 thereof, and
should the Accused disburse/deposit the cheque amount on or
before the next date of hearing, the complaint may be
compounded in terms of ratio of judgment in the case of
Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5 SCC 663.
Reader-cum-Ahlmad is directed to mention the official
email ID and video conferencing link of this court on the
summons.
Put up for appearance of accused on 14.10.2022.
(Tista Shah)
MM (NI) Digital Court-02
PHC, New Delhi/27.05.2022
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