Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 2111-2021
FORMICA LAMINATES INDIA PVT LTD Vs. M/S TODI PLYWOODS
11.08.2021
(Proceedings conducted through Video conferencing on Cisco Webex platform
using the URL link https://delhidistrictcourts.webex.com/meet/ ninewdelhi3 .
Present: Mr. Parthi Mehta, Ld. Counsel for the complainant.
Perusal of the case documents reflects that there is no specific averments
against proposed accused No.4. Ld. counsel submits that proposed accused No.4 is a
partner of the proposed accused No.1 partnership firm and he concedes that there is no
specific role assigned to him in the transaction in question. Ld. counsel further clarifies
that proposed accused No.3 is the signatory to the cheque in dispute.
At this stage, Ld. counsel submits that he is willing to drop accused No.4
from the array of parties.
In view of the submissions, proposed accused No.4 stands dropped from
the array of parties in the present matter will proceed against proposed accused No.1, 2
and 3 only. Ld. counsel is directed to file an amended memo of parties on the next date
of hearing.
Reader-cum-Ahlmad 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.
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(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. 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 no. 1 is prima
facie responsible, being the drawer of the cheque and accused no. 3 is also prima facie
responsible being the partner of the accused No.1 partnership firm as well as signatory
to the cheque in dispute. Accused No.2 is also prima facie responsible, being the
partner who is allegedly actively involved in the transaction in question along with
accused No.3.
(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 No.1, 2 and 3 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
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“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.
Put up for report/appearance of accused on 12.10.2021.
Stenographer is directed to do updation of the case and upload the order
as per rules.
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/11.08.2021
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