Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 16562021
MS ACHALA WADHWA Vs. UPENDERA MANJHI
27.03.2021
(Proceedings conducted online through video conferencing using CISCO
WEBEX software)
Present: Mr. Rajbir Singh and Mr. Siddharth Srivastava, Ld. Counsels for the
complainant.
In the light of the order of Hon’ble Supreme Court in Suo Moto Writ
Petition (Civil) No. 3/2020 in In Re: Cognizance for Extension of Limitation dated
08.03.2021, the present complaint falls within the extended limitation period as
allowed by the Hon’ble Supreme Court, hence, there is no delay filing the present
complaint. In view of the same, the requirement of filing the condonation application
is dispensed with.
ReadercumAhlmad of the Court intimates that he has received the
original case documents from the complainant. He is directed to keep the same in his
safe custody.
COGNIZANCE AND SUMMONING ORDER
(1) This is a complaint filed for offence punishable under Section 138 N. I.
Act. Complaint, affidavit of evidence and other annexed documents perused. I take
cognizance of the said offence.
(2) The Hon’ble Supreme Court in A. C. Narayanan Vs. State of Maharashtra &
Anr.” (2014) 11 SCC 790, has given discretion to the Magistrate to rely on the
complaint, documents annexed and the affidavit submitted by complainant in
deciding whether or not to issue process. u/s. 200 CrPC and it is not mandatory to
examine upon oath the complainant or its witnesses in order to decide the same.
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Upon considering the instant complaint, documents produced and verification in the
form of affidavit of evidence, there are sufficient grounds for proceeding further
against accused for offence punishable under Section 138 N. I. Act. Accused is prima
facie responsible, being the drawer of the cheque in dispute.
(3) In terms of inquiry conducted under Section 202 CrPC, all the statutory
requirements have been complied with. The complaint is filed within the period of
limitation. I am also prima facie satisfied that the offence has been committed within
the jurisdiction of this court.
Hence, issue summons against the accused on PF/RC/Approved
Courier. Service be also effected on the email and whatsApp message(s), as
provided by the complainant and further subject to filing of report of service.
Necessary particulars be filed on affidavit within 7 days. For facilitation of the same,
dasti summons are permitted. The process server is directed to serve the summons
by way of affixation in terms of Sec. 65 CrPC, if premises found closed or same could
not be served personally or on any adult male member.
(4) As per the guidelines laid down in Damodar S. Prabhu Vs. Sayed
Babalal 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 an 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) Ahlmad is also directed to mention the official email id and video
conferencing link of this Court on the summons. Complainant is directed to file PF
and take steps within 07 days including providing copy(ies) of complaint otherwise
the complaint may be dismissed u/s 204(4) Cr. P.C. The complainant is also apprised
of the fact that at the time of filing 1 st PF, he is required to mandatorily fill the Meta
Deta form.
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Put up for report/appearance of accused on 01.06.2021.
P.A. is directed to do updation of the case and upload the order as per
rules.
(PADMA LANDOL)
MM (NI Act) Digital Court03
New Delhi, PHC/Delhi/27.03.2021
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