Order 6

Order Details: COPY OF ORDER
Pdf Text: 42 C C No. 3520/2021 SPR VET MED PHARMA PVT. LTD. Vs. RANA ENTERPRISES /0 ()
02.08.2022
Proceedings conducted through video conferencing via Cisco Webex.
Present: Ld. Counsel for Complainant alongwith AR of the complainant.
Amended memo of paries has been filed. Same is perused and taken on record.
The Reader has confirmed the receipt of all originals as per the SOP issued by the
Hon’ble High Court of Delhi for the functioning of the Digital Courts.
The present complaint, the pre-summoning evidence by way of affidavit and the
exhibits therein have been perused. In view of the ruling in AC Narayanan Vs. State of
Maharashtra [(2014) 11 SCC 809], the formal recording of the pre-summoning evidence stands
dispensed with.
Present complaint has been filed beyond the limitation period as prescribed under the
Negotiable Instruments Act, 1881. However, in view of the order of Hon’ble Supreme Court dated
08.03.2021 Suo Motu Writ Petition (Civil) NO. 3 of 2020, titled as “In Re: Cognizence of Extention
of Limitation”, the period from 15.03.2020 to 14.03.2021 is required to be excluded for the purpose
of calculating limitation. Thereafter, vide order dated 27.01.2021, the period of limitation was
further extended from 14.03.2021 till further orders. Subsequently, vide order dated 23.09.2021 and
in view of order of Hon’ble Supreme Court in M. A. 21 & 29 of 2022, dated 10.01.2022 period of
limitation from 15.03.2020 till 28.02.2022 was directed to be excluded for the purpose of
calculating limitation. Consequently, the issue of limitation is not required to be considered in the
present matter. Application for condonation of delay is disposed of accordingly.
Physical copies of documents have been submitted on behalf of the Complainant. The
Reader/Ahlmad is directed to keep the documents in safe custody.
Arguments on summoning of accused have been heard. The Complaint and documents
filed therewith have been perused. Upon consideration of the complaint, documents filed and
examination of complainant, prima facie there appears to be sufficient ground to proceed against the
accused U/s. 138 N.I. Act. I hereby take cognizance of the offence punishable U/s. 138 of
Negotiable Instruments Act, 1881.
Let the accused be summoned on filing of PF and the Meta Data form within 7 days
through RC-AD, Speed Post/approved Courier Services returnable on 06.01.2023.
(Tista Shah)
MM NI Digital Court-02
PHC/New Delhi/02.08.2022
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Endorsement be made to the effect that offence punishable under section 138 of the
Negotiable Instruments Act, 1881 is compoundable by virtue of section 147 thereof, and should the
Accused disburse/deposit the cheque amount on or before the next date of hearing, the complaint
may be compounded in terms of ratio of judgment in the case of Damodar S. Prabhu Vs. Sayed
Babalal H. (2010) 5 SCC 663.
Reader-cum-Ahlmad is directed to mention the official email ID and video conferencing
link of this court on the summons.
Put up for appearance of accused on 06.01.2023.
(Tista Shah)
MM NI Digital Court-02
PHC/New Delhi/02.08.2022
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