Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 52 CC NI ACT / 20265/2024 Indostar Home Finance Pvt Ltd Vs. Selvakumar J
29.07.2024
Present: Sh. Dinesh Chander Joshi, Sh. Anurag Mishra and Sh.
Saumitra Mishra, Ld. Counsels for the complainant.
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 19.12.2024. 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 15 days
including providing copy(ies) of complaint otherwise the complaint may be
dismissed U/s 204(4) Cr. P.C.
(Abhinav Singh)
JMFC-04(NI Act)/PHC/NDD
29.07.2024
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