Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 5807-21
OXFORD UNIVERSITY PRESS INDIA VS RACHNA GUPTA
04.01.2022
Proceedings conducted through video conferencing on Cisco Webex platform using the URL link
https://delhidistrictcourts.webex.com/meet/ninewdelhi1.
Present: 	AR alongwith Sh. Samir Tandon, 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/04.01.2022
At 4.00 pm
Present: 	None.
1. 	I have perused the complaint, authorization documents, 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 Rachna Gupta for being the drawer and
signatory to the impugned cheque as proprietor of Runjhun Collections. The summons are to be
sent upon filing of PF/RC within one month from today, returnable on 30.03.2022. 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 30.03.2022.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/04.01.2022
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