Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 7401-2021
MR. PRADEEP KUMAR
versus
SH. ASHLESH KUMAR GUPTA, MANAGING DIRECTOR
28.03.2022
Proceedings conducted through video conferencing on Cisco Webex platform using the URL
link https://delhidistrictcourts.webex.com/meet/ninewdelhi1.
Present: Complainant alongwith Sh. Jayant Pawar, 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 PM.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/28.03.2022
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.
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3. Accordingly, issue summons to accused no. 1, M/s Gayatri Infra Planner
Pvt. Ltd. for being the drawer of the impugned cheque, accused no. 4, Jaikishan Gupta,
for being authorized signatory to the I mmpugned cheque, accused no. 2, Ashlesh
Kumar Gupta, and accused no. 3, Shubha Sharma, for being responsible/in-charge for
the conduct of the business of accused no. 1 as its Director at the relevant time. The
summons are to be sent upon filing of PF/RC within one month from today, returnable on
30.07.2022. 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 30.07.2022.
(RAJANI RANGA)
MM (NI Act), Digital Court-01
PHC/New Delhi/28.03.2022
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