Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI Act 1271-21
KOTAK MAHINDRA BANK Vs. KAUSHAL GUPTA
10.03.2021
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. Counsel, Sh. Abhishek Kumar.
1 I have perused the complaint, Board Resolution 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 extended period of limitation (In Re Cognizance for Extension of
Limitation dated 08.03.2021 ( Suo Moto Writ Petition (Civil) No.3/2020) 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, Ms. Kaushal Gupta 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 08.04.2021.
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,
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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. 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 08.04.2021.
(JYOTI MAHESHWARI)
MM (NI Act), Digital Court-01
PHC/New Delhi/10.03.2021
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