Order 1

Order Details: COPY OF ORDER
Pdf Text: 110 CC NI ACT - 21956-2024 M-s Alpine Polyflex Vs. Anant Sachdeva -0 ()
Proceedings conducted through video conferencing via Cisco Webex App.
21.10.2024
Present : Sh.Vipin Raturi, ld. Counsel for the complainant.
Matter is listed for PSE.
I have perused the tracking report, which is not legible and the date is also clear.
Ld. Proxy counsel seeks some time to file physical copy of the same.
Pass over till 12 : 45 PM.
At 12 : 45 PM
Present : Sh.Vipin Raturi, ld. Counsel for the complainant.
COGNIZANCE AND SUMMONING ORDER
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.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 21.10.2024
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3. Accordingly, issue summons to accused Anant Sachdeva for being the drawer and
signatory to the impugned cheque(s). The summons are to be sent upon filing of PF/RC within
one month from today, returnable on 20.01.2025. 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. As per the guidelines laid down in Damodar S Prabhu Vs. Sayed Baba Lal 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 a 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. 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 20.01.2025.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 21.10.2024
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7. The summons must accompany the copy of the complaint along with other
supporting documents and the complainant will file the proof of the copy being supplied to the
accused before this court on the NDOH.
(BHARTI BENIWAL)
JMFC (NI ACT) DIGITAL COURT 01
PHC NEW DELHI – 21.10.2024
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