Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 1195-2021
TATA MOTORS FINANCE LTD Vs. MOSEEN
12.03.2021
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. Counsels, Sh. Shambhu Kumar and
Sh. Himanshu Ojha.
1. I have perused the complaint, Letter of Authority 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, Moseen for being the drawer
and authorized signatory of the impugned cheque. The summons are to be sent upon
filing of PF/RC within 15 days from today, returnable on 26.04.2021. 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
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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. 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 15 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 26.04.2021.
(JYOTI MAHESHWARI)
MM (NI Act), Digital Court-01
PHC/New Delhi/12.03.2021
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