Order 5

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 2072-2021 & 2073-2021
NEXT EDUCATION INDIA PVT LTD Vs.
15.07.2022
Proceedings conducted through video conferencing via Cisco Webex.
Present: Sh. Alok Raj, proxy counsel for complainant along with AR Sh. Abhishek.
The Reader has confirmed the receipt of all originals as per the SOP issued by the
Hon’ble High Court of Delhi for the functioning of the Digital Courts.
The present complaint, the pre-summoning evidence by way of affidavit and the
exhibits therein have been perused. In view of the ruling in AC Narayanan Vs. State of
Maharashtra [(2014) 11 SCC 809], the formal recording of the pre-summoning evidence
stands dispensed with.
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.
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 23.11.2022.
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 23.11.2022.
(Tista Shah)
MM NI Digital Court-02
PHC/New Delhi/15.07.2022
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