Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 5507-2023
SMT BEENA S JAIN THROUGH ATTORNEY SH DEVASHISH JAINI Vs. SH
NIHIR JATINBHAI SHAH
06.06.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Sh. V.V. Singh, Ld. Counsel for complainant.
Sh. Devashish, Attorney of complainant.
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 against the accused. I hereby take cognizance
of the offence under Section 138 of the NI Act.
3. Accordingly, issue summons to accused SH NIHIR JATINBHAI
SHAH 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
-- 1 of 2 --
ADDRESS within one month from today, returnable on 28.07.2023. 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 28.07.2023.
7. The summons must accompany the copy of the complaint along with
other supporting documents and the complainant will file the proof of the the copy
being supplied to the accused before this court on the NDOH.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-06.06.2023
-- 2 of 2 --