Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
CC NI ACT 4217-2022
SATYA ESTATE ENTERPRISE PRIVATELIMITED Vs. SARANSH SWEET AND
RESTAURANT PRIVATE LIMITED
15.02.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using the
URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Mayank Sharma, Ld. counsel for the complainant.
Ld. counsel for the complainant has filed application for amendment of
complaint along wiht amended complaint, fresh bank return memo and DIR 12 of proposed
accused company on the e-mail ID of the court. Same be taken on record. Documents
perused and accepted.
Arguments heard on the point of summoning.
Ld. counsel for the complainant submits that proposed accused no.2 is the
signatory to the cheque in dispute.
In the course of submission, Ld. counsel submits that he wishes to drop
proposed accused No.3 from the array of parties.
In view of the submission, proposed accused No.3 stand dropped from the array
of parties and the present matter will be proceeded against proposed accused No.1 and 2 only.
Ld. counsel is directed to file an amended memo of parties by the next date of
hearing.
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.
(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.
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Accused no. 1 is prima facie responsible, being the drawer of the cheque and accused no. 2 is
also prima facie responsible being a Director of the accused No.1 company as well as
signatory to the cheque in dispute.
(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.1and 2 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 and further proceedings on
20.05.2023.
PA 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/15.02.2023
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