Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 1918-2021
BONANZA COMMODITY BROKERS P. LTD.
versus
BHAWANI SHANKAR BHRIGUVANSHI
15.01.2022
Proceedings conducted through video conferencing on Cisco Webex platform using the URL link
https://delhidistrictcourts.webex.com/meet/ninewdelhi1.
Present: AR alongwith Sh. S.S. Mittal, Ld. Counsel for complainant.
As reported by the Ahlmad, physical complaint and document have been submitted.
Heard.
Perusal of record would consume considerable time. Hence, put up for order at 4.00
PM.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/15.01.2022
At 4.00 pm
Present: None.
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
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
-- 1 of 2 --
under Section 138 of the NI Act.
3. Accordingly, issue summons to accused Bhawani Shankar Bhriguvanshi for being
the drawer and signatory to the impugned cheque. The summons are to be sent upon filing of
PF/RC within one month from today, returnable on 18.04.2022. The complainant is directed to file
metadata form before filing of PF. The process server is directed to serve the summons by way of af -
fixation, 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 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 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 18.04.2022.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/15.01.2022
-- 2 of 2 --