Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29 CC NI ACT 11771/2023 SUKKHAN SINGH Vs. MANOJ SAINI
07.05.2024
Present: Sh. Mohit Kumar Samania, Ld. Counsel for the complainant.
Today, an application for condonation of delay in filing the
complaint has been filed on record. It is submitted and it is observed that
there is a delay of only one day in filing the present complaint.
Keeping a lenient approach and in view of the contents of the
application, the delay in filing the present complaint is hereby condoned.
On the basis of the complaint and the original documents
annexed with the complaint, the court is satisfied that the complaint is filed
within limitation period and falls in the territorial jurisdiction of this court.
Accordingly, cognizance of the offence is taken.
Complaint, affidavit of evidence and documents considered.
In light of judgment titled as “A. C. Narayanan Vs. State of Maharashtra
& Anr.” (2014) 11 SCC 790, wherein Hon'ble Supreme Court of India
held that “...it is a matter of discretion and the Magistrate is not bound to
call upon the complainant to remain present before the court and to
examine him upon oath for taking decision whether or not to issue process
on the complaint under Section 138 of the NI Act”, this court is of the
opinion that there is no need to examine the complainant for purpose of
issuance of process. There are sufficient grounds for proceeding further
against accused for offence punishable under Section 138 N. I. Act.
Hence, issue summons against the accused, on
P.F./R.C./Approved Courier for 03.09.2024. The complainant can
provide email address/whatsapp number of accused person, if any for
service. The service of summons through email, whatsapp message(s) and
text message(s) is also permitted provided the complainant files an affidavit
to the effect that number on which the said message(s) are sent is/are of the
accused and further subject to filing of report of service. The process server
is directed to serve the summons by way of affixation, if premises found
closed or same could not be served personally or on any adult male member.
An endorsement be also made 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 and
Instruments P. Ltd Vs. Kanchan Mehta, (2018) 1 SCC 560 and if
settlement is made at subsequent stage the consequences as envisaged in
Damodar S. Prabhu (2010) 5 SCC 663 shall be enforced.
Complainant is directed to file PF and take steps within 30
days including providing copy(ies) of complaint otherwise the complaint
may be dismissed U/s 204(4) Cr. P.C.
(Abhinav Singh)
MM-04(NI Act)/PHC/NDD
07.05.2024
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