Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No.3996-22
10.03.2023
Proceedings conducted through video conferencing via Cisco Webex
App.
Present: Counsel for complainant.
As per e-filing history, date of initial filing is 03.04.2022 however reason
of dealy is bookmarking, which is purely a technical defect which should not have
any bearing on the case of the complainant at this stage. Hence delay is condoned.
(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.
(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.
(3) In terms of inquiry conducted under Section 202 CrPC, all the statutory
requirements have been complied with. 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
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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 and further proceedings on
22.09.2023.
(Sahil Monga)
MM NI Digital Court-02
PHC-New Delhi-10.03.2023
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