Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
CC NI ACT 6077-2022
MALIK LIFESCIENCES PVT LTD Vs.RAJESH KUMAR
02.12.2022
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. Arvind Jha, Ld. counsel for the complainant.
Sh. Kaul, Ld. counsel for the proposed accused.
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 for offence punishable under
Section 138 N. I. Act. Accused is prima facie responsible, being the drawer 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.
Since, the accused has already appeared through his counsel in connected
matters, the service of summons is dispensed with and the summons is deemed to be served
upon the accused.
-- 1 of 2 --
-2-
Ld. counsel for the accused undertakes to file his vakalatnama and bail bonds
during the course of the day. And he submits that accused is travelling to MP due to which
he could not appear. He undertakes to file an exemption application forthwith. \
At request, exemption is granted for today only.
Accused is directed to file personal bonds and surety bonds in sum of
Rs.30,000/- each. Surety to appear on the NDOH.
Since the present offence is bailable in nature, the accused is admitted to bail
subject to furnishing of personal bonds.
Ld. counsel for the accused further submits that he has not received copy of
complaint and annexed documents.
Ld. counsel for the complainant is directed to do the needful within two days
time.
Ld. counsel for the accused submits that he is yet to take instructions regarding
scope of settlement.
Matter stands adjourned in the absence of the accused.
Put up for compliance, exploring the possibility of settlement and further
proceedings on 17.02.2023.
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/02.12.2022
-- 2 of 2 --