Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
CC NI ACT 7125-2023
MONEYWISE FINANCIAL SERVICES PVTLTD Vs. KAKKAT DRUGS
ANDCHEMICALS COMPANY
16.10.2023
(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.
Arguments heard on the point of summoning.
In the course of submission, Ld. counsel submits that he wishes to drop
proposed accused No. 3 & 4 from the array of parties.
In view of the submission, proposed accused No. 3 & 4 stand dropped from
the array of parties and the present matter will be proceeded against proposed accused No.1
and 2 only.
Ld. counsel is directed to file an amended memo of parties by the next date of
hearing.
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 25 of Payments
and Settlements System Act, 2007 r/w Section 138 NI 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 25 of Payments and Settlements System Act, 2007 r/w Section 138 NI Act. Accused
(PADMA LANDOL)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi/16.10.2023
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no. 1 is prima facie responsible, being the drawer of the NACH Mandate/ECS and accused
no. 2 is also prima facie responsible being a Partner of the accused No.1 Partnership Firm as
well as signatory to the NACH Mandate/ECS 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.1 and 2 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
09.02.2024.
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/16.10.2023
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