Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 14-2022
BINDU SRIRAM Vs. AAKASH CHOPRA
23.02.2022
(Proceedings conducted through Video conferencing on Cisco Webex platform
using the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3 .
Present: Sh. Prashant Diwan, Ld. Counsel for the complainant.
In the light of the order of Hon’ble Supreme Court in Suo Moto Writ
Petition (Civil) No. 3/2020 in In Re: Cognizance for Extension of Limitation dated
08.03.2021 and subsequent order dated 27.04.2021, the present complaint falls within
the extended limitation period as allowed by the Hon’ble Supreme Court, hence, there
is no delay in filing the present complaint.
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 for
offence punishable under Section 138 N. I. Act. Accused no. 1 is prima facie
responsible, being the drawer of the cheque and accused no. 2 is also prima facie
responsible being the signatory to the cheque in dispute. Accused is prima facie
responsible, being the drawer of the cheque in dispute.
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(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.
Hence, issue summons against the accused 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.
Put up for report/appearance of accused on 13.05.2022.
PA 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/23.02.2022
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