Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 4683-2021
SYLVESTER GONSALVES Vs. JASVINDER SINGH SETH
25.04.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Sh. Suraj Pal, Ld. Counsel for complainant.
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 JASVINDER SINGH SETH ,
PROPRIETOR OF M/S SK ASSOCIATES for being the drawer and signatory to
the impugned cheques. The summons are to be sent upon filing of PF/RC within one
month from today, returnable on 26.08.2023. 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
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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. An endorsement be also made on the form for summons that if application for
compounding at first or second hearing is made, the Court may pass appropriate orders at
the earliest as per judgment of M/s Meters & Instruments (P) Ltd. v. Kanchan Mehta,
(2018) 1 SCC 560 and if settlement is made at subsequent stages, the consequences as
provided in Damodar S. Prabhu v. Syed Babulal H; (2010) 5 SCC 663 shall be enforced.
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 26.08.2023.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-25.04.2023
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