Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 5142-21
M/S. CARRIER AIRCONDITIONING AND REFRIGERATION LTD VS. COOLTECH CONTAINERS PVT.
LTD.
12.01.2022
Proceedings conducted through video conferencing on Cisco Webex platform using the URL link
https://delhidistrictcourts.webex.com/meet/ninewdelhi1.
Present: 	AR alongwith Sh. Paras Choudhary, Ld. Counsel.
As reported by the Ahlmad, physical complaint and document have been
submitted.
Heard.
Perusal of record would consume considerable time. Hence, put up for order at
4.00 PM.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/12.01.2022
At 4.00 pm
Present: 	None.
1. 	I have perused the complaint, Authorization in favour of the AR of the
complainant, pre-summoning evidence by way of affidavit of the AR 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 Reader-cum-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
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of the offence under Section 138 of the NI Act.
3. 	Accordingly, issue summons to accused no. 1 Cooltech Containers Pvt. Ltd. for
being the drawer of the impugned cheque, accused no. 2 K. Ravi Kumar, accused no. 3, Santosh
Kumar and accused no. 4, Sanjeevan Menon for being the authorized signatories of accused no.
1 as well as for being the incharge of /responsible for the conduct of the business of accused no.
1 at the relevant time. The summons are to be sent upon filing of PF/RC within one month from
today, returnable on 11.04.2022. 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.
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 Reader-cum-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 11.04.2022.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/12.01.2022
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