Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 6001-2021 & 6002-2021
M/s. HSN Interiors Pvt. Ltd. Vs. M/s. Biotrends Pvt. Ltd.
&
M/s. HSN Interiors Pvt. Ltd. Vs. M/s. Biotrends Pvt. Ltd.
25.05.2022
Proceedings conducted through video conferencing
via Cisco Webex. It is certified that there was no issue of
audio-video connectivity.
Present: Ld counsel for the complainant along with AR of the
complainant.
Ahlmad of the court has informed that the discrepancy
regarding the physical files as mentioned in the order dated
11.03.2022 has been cleared by the complainant.
It has been submitted on behalf of the complainant that
accused no.2 is the Managing Director of accused no.1 company
and is also the signatory of the cheque in question. It is therefore
submitted that the proposed accused no.3,4 & 5 be dropped from
the array of the parties. Considering the submission made, the
accused no.3,4 & 5 are dropped from the array of the parties.
The complainant is directed to file the amended memo of parties
on the next date of hearing.
The Reader has confirmed the receipt of all originals as
per the SOP issued by the Hon’ble High Court of Delhi for the
functioning of the Digital Courts.
The present complaint, the pre-summoning evidence
by way of affidavit and the exhibits therein have been perused. In
view of the ruling in AC Narayanan Vs. State of Maharashtra
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[(2014) 11 SCC 809], the formal recording of the pre-
summoning evidence stands dispensed with.
Physical copies of documents have been submitted on
behalf of the Complainant. The Reader/Ahlmad is directed to
keep the documents in safe custody.
Arguments on summoning of accused have been heard.
The Complaint and documents filed therewith have been perused.
Upon consideration of the complaint, documents filed and
examination of complainant, prima facie there appears to be
sufficient ground to proceed against the Accused U/s. 138 N.I.
Act. I hereby take cognizance of the offence punishable U/s.
138 of Negotiable Instruments Act, 1881.
Let the accused no.1 & 2 be summoned on filing of PF
and the Meta Data form within 7 days through RC-AD, Speed
Post/approved Courier Services returnable on 07.10.2022.
Endorsement be made to the effect that offence
punishable under section 138 of the Negotiable Instruments Act,
1881 is compoundable by virtue of section 147 thereof, and
should the Accused disburse/deposit the cheque amount on or
before the next date of hearing, the complaint may be
compounded in terms of ratio of judgment in the case of
Damodar S. Prabhu Vs. Sayed Babalal H. (2010) 5 SCC 663.
Reader-cum-Ahlmad is directed to mention the official
email ID and video conferencing link of this court on the
summons.
Put up for appearance of accused persons on
07.10.2022.
(Tista Shah)
MM (NI) Digital Court-02
PHC, New Delhi/25.05.2022
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