Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CC NI ACT 4815-2022
INDIA TOURISM DEVELOPMENTCORPORATION LTD Vs. AYESHAHOSPITALITY
PVT. LTD.
05.07.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using the
URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Ms. Swati Setia, Ld. counsel for the complainant.
Sh. P.S. Singhal and Satender Kumar, Ld. counsel for all the proposed
accused along with proposed accused no. 2 and 3.
Perusal of the record reflects that there is a delay of 24 days in filing the present
complaint. Ld. counsel for the complainant submits that the complaint was filed within the
limitation period, however, there was a technical objection due to which a delay of 24 days was
caused.
At this stage, Ld. counsel for the complainant has filed e-filing history on the e-
mail ID of the court. Same be taken on record. The same reflects that the complaint was filed
within the limitation period, however, objection as to book mark and OCR was raised by the e-
filing counter and after curing the said defect, the complaint was finally approved on
21.05.2022, which is the date of filing, as per the documents.
Perusal of the e-filing history reflects that the objection is purely technical in
nature which shall not have any bearing on the case of the complainant atleast at this stage of
proceedings.
In view of the same, upon oral request, the delay of 24 days in filing the present
complaint is condoned.
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,
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/05.07.2023
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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. 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. Accused No.3 is also prima facie responsible being a Director who is
allegedly responsible and Incharge of the day-to-day affairs of the company.
(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.
Since the accused persons have already entered into appearance, service of
summons is dispensed with and the summons is deemed to be served upon all the accused.
Ld. counsel for the accused undertakes to file his vakalatnama and bail bonds
during the course of the day.
Accused no.2 and3 are directed to file personal bonds and surety bonds in sum of
Rs.50,000/- each. Sureties to appear on the NDOH.
Since the present offence is bailable in nature, the accused is admitted to bail
subject to furnishing of personal bonds.
Ld. counsel for the accused further submits that he has not received copy of
complaint and annexed documents.
Ld. counsel for the complainant is directed to do the needful within two days
time.
Put up for furnishing of bail bonds, framing of notice and further proceedings on
06.10.2023.
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/05.07.2023
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