Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 43 CC NI ACT 4235/2021
MAY AND BAKER PHARMACEUTICALS LTD Vs. GURUJEE
PHARMACEUTICALS THROUGH PROPRIETOR /0 ()
04.06.2022
Proceedings conducted through video conferencing via Cisco Webex.
Present: Sh. Arvind Jha, ld counsel for the complainant.
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.
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
14.10.2022.
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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 14.10.2022.
(Tista Shah)
MM (NI) Digital Court-02
PHC, New Delhi/04.06.2022
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