Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
CC NI ACT 7058-2023
MONEYWISE FINANCIAL SERVICES PVTLTD Vs. KBS ELECTRICAL
05.10.2023
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Shio Kumar, Ld. counsel for the complainant.
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 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 no. 2 for offence punishable
under Section 138 N. I. Act. Accused no. 1 a proprietorship firm. It is a settled position of
law that a proprietorship firm is not a separate legal entity apart from its sole proprietor,
hence, summons cannot be issued against the proprietorship firm. Accused no. 2 is prima
facie responsible, being the proprietor as well as the signatory to 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 No.2 only on PF/RC/Approved
Courier. Service be also effected on the email and whatsApp message(s), as provided by the
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/05.10.2023
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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.
At request, put up for report/appearance of accused on 14.02.2024.
P.A. 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/05.10.2023
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