Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 1906-2023
HERO FINCORP LTD Vs. SUMAN KUMAR
18.08.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Sh. Anil Yadav, Ld. Counsel for complainant.
I have perused the complaint along with other supporting documents and
it appears that prima facie the complaint is time barred.
Ld. Counsel for complainant seeks opportunity to file application for
condonation of delay if any along with e-filing history of the filing of the complaint
showing the relevant date of e-filing of complaint well within limitation period.
Heard. Opportunity granted.
Put up for PSE at 2.00 PM.
AT 2.00 PM
Present: Sh. Anil Yadav, Ld. Counsel for complainant.
Ld. Counsel for complainant has filed the e filing history of the filing of
complaint on the email id of this court.
Same is taken on record.
The Reader of this court is directed to upload the same on LAYERS as
per rules.
Physical copy of the same be furnished within due time.
Perusal of the e-filing shows that the complaint was drafted/e-filed
initially on 24.11.2022 which is well within the limitation period.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-18.08.2023
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COGNIZANCE AND SUMMONING ORDER
1. I have perused the complaint, Authorization 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 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 SUMAN KUMAR for being
the drawer and signatory to the impugned cheque(s). The summons are to be sent
upon filing of PF/RC/Affidavit of last known address within one month from today,
returnable on 17.02.2024. 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
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-18.08.2023
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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. As per the guidelines laid down in Damodar S Prabhu Vs. Sayed Baba
Lal H, AIR 2010 (SC) 1907, Ahlmad is directed to make a mention on the summons
issued against the accused (by adding separate sheet, if required) that “accused can
make a application for compounding of the offence at the first and second hearing of
the case and if such an application is made, compounding may be allowed by the
court without imposing any costs on the accused”.
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 17.02.2024.
7. The summons must accompany the copy of the complaint along with
other supporting documents and the complainant will file the proof of the copy being
supplied to the accused before this court on the NDOH.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-18.08.2023
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