Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 54 CC NI ACT - 30925-2024
BRY AIR ASIA PVT LTD Vs. HEXAKORE TECHNO BUILD PROJECTS PVT
LTD
18.08.2025
Proceedings conducted through video conferencing via Cisco Webex
App.
Present: Sh. Gautam Dutta, Ld. Counsel for complainant.
None for proposed accused.
Ld. Counsel for complainant has filed returned envelopes of legal
demand notice which were received on 20.08.2024.
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 and is within the jurisdiction of
this Court. The complaint and the original documents have been submitted digitally
and 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.
(Shivam Gupta)
Judicial Magistrate First Class
(NI Act) Digital Court-02
PHC, New Delhi
18.08.2025
-- 1 of 3 --
3. Accordingly, issue summons to accused no. 1 Hexakore Techno Build
Projects Pvt Ltd for being the drawer, accused no. 2 Sh. Abdul Samad Altaf Gani
Khan and accused no. 3 Nikhil Rajendra Thakur for being the drawer and director of
accused no. 1 and for being involved in the impugned transaction. The summons are
to be sent upon filing of PF/RC within 15 days from today, returnable on 17.11.2025.
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 63 of Bhartiya Sakshya Adhiniyam 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 227(4) of Bhartiya Nagarik Suraksha Sanhita.
(Shivam Gupta)
Judicial Magistrate First Class
(NI Act) Digital Court-02
PHC, New Delhi
18.08.2025
-- 2 of 3 --
6. Renotify for appearance of the accused/furnishing of bail bonds/
consideration on Notice under Section 274 of Bhartiya Nagarik Suraksha Sanhita on
17.11.2025.
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.
(Shivam Gupta)
Judicial Magistrate First Class
(NI Act) Digital Court-02
PHC, New Delhi
18.08.2025
-- 3 of 3 --