Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 7269/2021
RAKESH Vs. NANDRAM
19.02.2022
Proceedings conducted through video conferencing on Cisco Webex platform using the
URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi1.
Present: Ms. Smrati Chaturvedi, Ld. Counsel for complainant.
As reported by the Ahlmad, physical complaint and documents have been
submitted.
Heard.
Perusal of record would consume considerable time.
Put up at 04:00 pm for order.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/NewDelhi/19.02.2022
Present: None.
1. I have perused the complaint, pre-summoning evidence by way of affidavit
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 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 of the offence under Section 138 of the NI
Act.
-- 1 of 2 --
3. Issue summons to accused, Nand Ram, for being the drawer and the
signatory to the impugned cheque. The summons are to be sent upon filing of PF/RC
within one month from today, returnable on 02.06.2022. 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 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 02.06.2022.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/NewDelhi/19.02.2022
-- 2 of 2 --