Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 7244-2023 SRIYOGMAYA BUILDTECH PVT LTD Vs. KUSH
SINGH -0 (Barakhamba Road Circle)
Proceedings are being conducted through Video Conferencing.
28.06.2025
Present : Sh. Anand Prakash, ld Counsel for complainant.
Affidavit regarding the filing of complaint along with e filing history
has been filed.
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.
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.
(Shivangi Vyas)
JMFC, (NI Act), Digital Court 01
PHC New Delhi – 28.06.2025
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Accordingly, issue summons to accused Kush Singh proprieter of M/s Jai
Maa Jwala Enterprises or 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 26.02.2026. The complainant is directed to file metadata form before filing
of PF. The process server is directed to serve the summons by way of 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.
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”.
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.
Renotify for appearance of the accused/furnishing of bail bonds/
consideration on Notice under Section 251, CrPC on
(Shivangi Vyas)
JMFC, (NI Act), Digital Court 01
PHC New Delhi – 28.06.2025
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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.
(Shivangi Vyas)
JMFC, (NI Act), Digital Court 01
PHC New Delhi – 28.06.2025
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