Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 75 CC NI ACT - 10600-2024 M-s V L Cargo Vs. Sanjeev Kumar Antal
(Proceedings conducted through Video conferencing on Cisco Webex platform using the URL link
https:--delhidistrictcourts.webex.com-meet-ninewdelhi3.
05.11.2024
Pr: Sh Sagar Gill Ld Counsel for the complainant.
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 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 is prima facie responsible, being the drawer and the signatory of the cheque in dispute.
(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 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
( NISHTHA MEHTANI)
JM 1st Class (NI Act) Digital Court-03
New Delhi, PHC-Delhi-05.11.2024
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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 on 07.02.2025.
PA is directed to do updation of the case and upload the order as per rules.
( NISHTHA MEHTANI)
JM 1st Class (NI Act) Digital Court-03
New Delhi, PHC-Delhi-05.11.2024
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