Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29 CC NI ACT 5854-2023
MS HERO FINCORP LTD Vs. MOHO HASAN
10.07.2024
Proceedings conducted through video conferencing via Cisco Webex
App.
Present: Mohd. Qamar Ansari, Ld. Counsel for complainant.
COGNIZANCE AND SUMMONING ORDER
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 MOHO HASAN for being the
drawer and signatory to the impugned cheque(s). The summons are to be sent upon
(Shivam Gupta)
Judicial Magistrate First Class
(NI Act) Digital Court-02
PHC, New Delhi
10.07.2024
-- 1 of 2 --
filing of PF/RC within one month from today, returnable on 28.03.2025. 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. As per the guidelines laid down in Damodar S Prabhu Vs. Sayed Baba
Lal 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 a 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. 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 28.03.2025.
7. The summons must accompany the copy of the complaint along with
other supporting documents and the complainant will file the proof of the copy being
supplied to the accused before this court on the NDOH.
(Shivam Gupta)
Judicial Magistrate First Class
(NI Act) Digital Court-02
PHC, New Delhi
10.07.2024
-- 2 of 2 --