Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 3090-2022
CLIX CAPITAL SERVICES PVT LTD
versus
SANTOSH KUMAR SONKAR
29.06.2022
Proceedings conducted through video conferencing on Cisco Webex platform using the
URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Ms. Archana Roy, Ld. Counsel for 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, subsequent order dated 27.04.2021 and further order dated 10.01.2022, the
present complaint falls within the extended limitation period as allowed by the Hon’ble
Supreme Court, hence, there is no delay in filing the present complaint.
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 25 of
Payments and Settlements System Act, 2007 r/w Section 138 NI 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. 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 25 of Payments and Settlements System Act, 2007
r/w Section 138 NI Act. Accused is prima facie responsible, being the drawer of the
NACH Mandate/ECS in dispute.
(3) In terms of inquiry conducted under Section 202 CrPC, all the statutory
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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.
Put up for report/appearance of accused on 29.10.2022.
PA is directed to do updation of the case and upload the order as per rules.
(Padma Landol)
MM (NI Act), Digital Court-03
PHC/New Delhi/29.06.2022
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