Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 3890-2022
KOTAK MAHINDRA PRIME LIMITED Vs. MAJOJ KHANTWAL
16.03.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Sh. Chetan Yadav, Proxy Counsel for complainant.
Ld. Counsel for complainant has filed the e filing history of the filing of
complaint on the email id of this court.
Same is taken on record.
The Reader of this court is directed to upload the same on LAYERS as
per rules.
Physical copy of the same be furnished within due time.
Persusal of the e filing shows that the complaint was drafted/e-filed
initially on 01.04.2022 which is well within the limitation period.
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 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
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against the accused. I hereby take cognizance of the offence under Section 138 of the NI
Act.
3. Accordingly, issue summons to accused MANOJ KHANTWAL for being
the drawer and signatory to the impugned cheque. The summons are to be sent upon
filing of PF/RC/AFFIDAVIT OF LAST KNOWN ADDRESS within one month from today,
returnable on 01.07.2023. The complainant is directed to file metadata form before filing of
PF. The process server is directed to serve the summons by way of affixation, 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 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 01.07.2023.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-16.03.2023
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