Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 6367-2022 6383-2022 6400-2022
INDIANA TRAVELS PRIVATE LIMITED Vs. INSION PRIVATE LIMITED
15.10.2022
Present: AR of the complainant with Ld. Counsel Sh. Rajat Bhalla.
On the basis of the complaint and the original documents annexed with
the complaint, the court is satisfied that the complaint is filed within limitation period
and falls in the territorial jurisdiction of this court. Accordingly, cognizance of the
offence is taken.
Pre-summoning evidence by way of affidavit has been tendered along
with documents which have been duly exhibited. Vide separate statement, pre-
summoning evidence of the complainant is closed.
Arguments heard. Record perused.
I have gone through the complaint, list of dates and events, evidence and
the documents placed on record. The legal notice was issued within the prescribed
period and the complainant has also been filed within limitation period as per the
inquiry made under Sec. 202 CrPC.
In view of the above, I am prima facie satisfied that an offence under Sec.
138 of Negotiable Instruments Act against the accused has been made out within my
jurisdiction.
In view of the above, I am prima facie satisfied that an offence u/s 138 NI
Act has been made out within my jurisdiction. As far as the accused persons are
concerned, on perusal of memo of parties and the documents filed alongwith the
complaint, there are sufficient grounds for proceeding against accused no. 01 (drawer
of the cheque in question) and accused no.02 (director & signatory to the cheque in
question) to 03 (directors looking after the affairs of the company) as per judgments of
Hon'ble Supreme Court of India cited as (2015) 1 SCC 103 and (2016) SCC Online
SC 304 as conditions for same are fulfilled.
Hence, issue summons against the accused no. 1, 2 & 3 on
P.F./R.C./Approved Courier for 10.11.2022. The complainant can provide email
address/whatsapp number of accused person, if any for service. The service of
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summons through email, whatsapp message(s) and text message(s) is also permitted
provided the complainant files an affidavit to the effect that number on which the said
message(s) are sent is/are of the accused and further subject to filing of report of
service. The process server is directed to serve the summons by way of affixation, if
premises found closed or same could not be served personally or on any adult male
member.
An endorsement be also made 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 and Instruments P. Ltd Vs. Kanchan Mehta, (2018) 1 SCC
560 and if settlement is made at subsequent stage the consequences as envisaged in
Damodar S. Prabhu (2010) 5 SCC 663 shall be enforced. Complainant is directed to
file PF and take steps within 30 days including providing copy(ies) of complaint
otherwise the complaint may be dismissed U/s 204(4) Cr. P.C.
(Udbhav Kumar Jain)
MM-04 NI Act/RACC/NDD
15.10.2022
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