Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NO. 6394/21
Karan Sharma Vs. Mukesh Sudhir
07.02.2022
(Proceedings conducted through Video conferencing on Cisco Webex platform
using the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3 .
Present: Complainant in person.
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 no. 2 for offence punishable under Section 138 N. I. Act. Accused no. 1 a
proprietorship firm. It is a settled position of law that a proprietorship firm is not a
separate legal entity apart from its sole proprietor, hence, summons cannot be issued
against the proprietorship firm. Accused no. 2 is prima facie responsible, being the
proprietor as well as the signatory to 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.
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Hence, issue summons against the accused No.2 only on
PF/RC/Approved Courier. Service be also effected on the email and whatsApp
message(s), as provided by the complainant and further subject to filing of report of
service. Necessary particulars be filed on affidavit within 7 days. For facilitation of the
same, dasti summons are permitted. The process server is directed to serve the
summons by way of affixation in terms of Sec. 65 CrPC, if premises found closed or
same could not be served personally or on any adult male member.
(4) As per the guidelines laid down in Damodar S. Prabhu Vs. Sayed
Babalal H, AIR 2010 (SC) 1907, Ahlmad is directed to make a mention on the
summons issued against the accused (by adding separate sheet, if required) that
“accused can make an application for compounding of the offence at the first and
second hearing of the case and if such an application is made, compounding may be
allowed by the Court without imposing any costs on the accused.”
(5) Ahlmad is also directed to mention the official email id and video
conferencing link of this Court on the summons. Complainant is directed to file PF and
take steps within 07 days including providing copy(ies) of complaint otherwise the
complaint may be dismissed u/s 204(4) Cr. P.C. The complainant is also apprised of
the fact that at the time of filing 1 st PF, he is required to mandatorily fill the Meta
Deta form.
At request, put up for report/appearance of accused on 13.04.2022.
P.A. 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/07.02.2022
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