Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 32 CC NI ACT 1497-2022 MR. K.V. ABDUL NAZAR Vs. SAMEER JAIN /0 (Connaught
Place)
29.07.2022
Proceedings conducted through video conferencing via Cisco Webex.
Present: Ms. S S Sonali, ld counsel for the complainant.
The complainant has filed an email received from the concerned bank in
clarification to the query raised by the court and it has been clarified that the date mentioned
at the bottom of the Cheque return memo is the date on which the cheque was presented and
bounced. It has further been stated that the date mentioned on the top of the memo is the
date on which the cheque was collected by the complainant. The stamp and sign of the
concerned bank official is also affixed therein.
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: Cognizence of Extention 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 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.
(Tista Shah)
MM NI Digital Court-02
PHC/New Delhi/29.07.2022
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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 11.11.2022.
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 11.11.2022.
(Tista Shah)
MM NI Digital Court-02
PHC/New Delhi/29.07.2022
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