Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 33526/23 & 33525/23
07.12.2023
Fresh complaint case received by way of assignment. It be
checked and registered as per rules.
Matter taken up through hybrid hearing.
Present : Sh. P.C. Arya and Ms. Nupoor, Ld.
Counsels for the complainant.
AR of the complainant is present through
VC.
Complete case file alongwith original documents as
well as PSE affidavit of the complainant has been filed. Proof of
e-filing history and GST certificate of the accused proprietorship
firm have been furnished. Be taken on record.
The present complaint is filed for the offence
punishable under Section 138 of Negotiable Instruments Act,
1881.
In light of the decision of full bench of Hon'ble
Supreme Court of India cited as “A. C. Narayanan v. State of
Maharashtra & Anr.” (2014) 11 SCC 790, this Court is of the
considered opinion that there is no need to examine the
complainant at this pre-summoning stage for the purpose of
issuance of process against the accused. No other witness is
sought to be examined on behalf of the complainant at this stage.
Accordingly, PSE stands closed.
Arguments on summoning heard. Relevant inquiry
u/s. 202 Cr.P.C conducted. On the basis of the averments
contained in the complaint, the evidence by way of affidavit and
the inquiry conducted by this court, an offence under Section 138
N.I. Act appears to have been committed. The Complaint is filed
within limitation and is within the territorial jurisdiction of this
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court. In the considered opinion of this Court, prima facie, there
is sufficient material available on record to summon the accused.
I hereby take cognizance of the offence u/S 138 NI Act.
Accordingly, let summons be issued to the accused
through all permissible modes on filing of PF within 20 days
from today, returnable on 16.05.2024.
In case the house of the accused is found to be
locked, process server is directed to affix the summons on
conspicuous place.
As per the guidelines laid down as in the case titled
as “Damodar S. Prabhu Vs. Sayed Babalal 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 an 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.”
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 a copy of complaint to the accused otherwise the
complaint may be dismissed U/s. 204(4) Cr.P.C.
(Anam Rais Khan)
MM (NI Act) - 01/ PHC/New Delhi/07.12.2023
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