Order 10

Order Details: COPY OF ORDER
Pdf Text: (Bharti Beniwal)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DLEHI – 01.05.2025
95 CC NI ACT - 10078-2024 Ebro India Private Limited Through Mr Onkar Singh Authorized
Representative Vs. Jks Agrofoods -0 ()
Proceedings conducted through video conferencing via Cisco Webex App.
01.05.2025
Present : Sh.Arnav Sethi, ld. Proxy counsel for the complainant.
COGNIZANCE AND SUMMONING ORDER
1. I have perused the complaint, pre-summoning evidence by way of affidavit 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 no.1/JKS Agrofoods (partnership firm),
accused no.2 to 3 - for being the partners of accused no.1/firm for being the drawer and
signatory to the impugned cheque(s). The summons are to be sent upon filing of PF/RC within
one month from today, returnable on 28.07.2025. The complainant is directed to file metadata
form before filing of PF. The process server is directed to serve the summons by way of
-- 1 of 2 --
(Bharti Beniwal)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DLEHI – 01.05.2025
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 28.07.2025. 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.
-- 2 of 2 --