Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 3Ct Cases 11067/2023
TOYO INK INDIA PVT. LTD. VS. SRIL CORPORATION
24.07.2023
Present: Sh.Ankur Aggarwal, Ld. Counsel for Complainant
along with AR Ms. Mamta Nailwal (through VC).
E-filing history of the case filed on behalf of the
complainant through e-mail. Same be taken on record.
I have perused the complaint and the accompanying
documents. Prima facie offence u/s 138 NI Act appears to have
been committed. I hereby take cognizance of the same.
I have perused the complaint u/s. 138 NI Act,
evidence by the way of affidavit of the complainant and the
documents relied upon by the complainant. As per the judgment
of Hon'ble Supreme Court in A.C. Narayanan vs. State of
Maharashtra and Anr., (2014) 11 SCC 790 the 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 complaint for the purpose
of issuance of process. No other witness is sought to be examined
on behalf of the complainant at this stage. Accordingly, PSE
stands closed. For the purposes of identification, the evidence
affidavit is now marked as Ex-CW1/1.
The complaint has been filed within the period of
limitation and is within the jurisdiction of this court.
Relevant inquiry u/s. 202 CrPC conducted. On the
basis of the averments contained in the complaint, the evidence
by way of affidavit and the inquiry conducted by this court, there
are sufficient grounds for proceeding against the accused in
the present matter.
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Issue summons to the accused (on filing of PF
within 7 days from today) through SHO concerned, returnable on
30.10.2023.
Summons be also sent through speed post and
internet generated tracking report of summons sent through speed
post be placed on record by NDOH. Complainant is directed to
file PF and to provide copy of complaint to the accused otherwise
the complaint may be dismissed U/s. 204(4) Cr.P.C.
(Anshul Singhal)
MM(NI Act)-03/RACC/NDD/ND
24.07.2023
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