Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
CC NI ACT 4845-2022
YES BANK LTD Vs. ECO ROOTS FOODSINDIA PVT. LTD.
21.03.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using the
URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Anupam Singh, Ld. counsel for the complainant.
Perusal of the record reflects that there is a delay of 7 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 7 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
26.05.2022, 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 7 days in filing the present
complaint is condoned.
Ld. counsel for the complainant submits that inadvertently he had not filed
amended memo of parties. At request, last and final opportunity is granted to file the same by
the NDOH.
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
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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. 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.
Hence, issue summons against the accused No.1 & 3 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 18.07.2023
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/21.03.2023
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