Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: -1-
CC NI ACT 7811-2022
M/S. JINDAL SAW LTD. Vs. M/S CORONATION INFRASTRUCTURE PRIVATE
LIMITED
01.07.2024
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi3.
Present: Sh. V.N. Jha, Ld. counsel for the complainant along with AR.
Sh. Yashovardhan, Ld. counsel for the proposed accused no.2 and 3 along with
proposed accused no.2 and 3.
Perusal of the record reflects that there is a delay in filing the present
complaint. Ld. counsel for the complainant submits that the complaint was filed within the
limitation period, however, there was a technical objection due to which a delay of 4 days
was caused.
At this stage, Ld. counsel for the complainant has filed e-filing history on the
e-mail ID of the court. Same be taken on record. The same reflects that the complaint was
filed within the limitation period, however, objection as to book mark and OCR was raised
by the e-filing counter and after curing the said defect, the complaint was finally approved
on 01.08.2022, which is the date of filing, as per the documents.
Perusal of the e-filing history reflects that the objection is purely technical in
nature which shall not have any bearing on the case of the complainant atleast at this stage
of proceedings.
In view of the same, upon oral request, the delay in filing the present
complaint is condoned.
Arguments heard on the point of summoning.
In the course of submission, Ld. counsel submits that he wishes to drop
proposed accused No.4 from the array of parties.
In view of the submission, proposed accused No. 4 stand dropped from the
array of parties and the present matter will be proceeded against proposed accused No.1, 2
and 3 only.
( NISHTHA MEHTANI)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi-01.07.2024
-- 1 of 3 --
-2-
Ld. counsel is directed to file an amended memo of parties by the next date of
hearing.
Ahlmad of the Court intimates that he has received the original case
documents from the complainant. He is directed to keep the same in his safe custody.
COGNIZANCE AND SUMMONING ORDER
(1) This is a complaint filed for offence punishable under Section 138 N. I. Act.
Complaint, affidavit of evidence and other annexed documents perused. I take cognizance of
the said offence.
(2) The Hon’ble Supreme Court in A. C. Narayanan Vs. State of Maharashtra
& Anr.” (2014) 11 SCC 790, has given discretion to the Magistrate to rely on the
complaint, documents annexed and the affidavit submitted by complainant in deciding
whether or not to issue process. u/s. 200 CrPC and it is not mandatory to examine upon oath
the complainant or its witnesses in order to decide the same. Upon considering the instant
complaint, documents produced and verification in the form of affidavit of evidence, there
are sufficient grounds for proceeding further against accused for offence punishable under
Section 138 N. I. Act. Accused no. 1 is prima facie responsible, being the drawer of the
cheque and accused no. 2 is also prima facie responsible being a Director of the accused
No.1 company as well as signatory to the cheque in dispute. Accused No.3 is also prima
facie responsible being a Director who is allegedly responsible and Incharge of the day-to-
day affairs of the company.
(3) In terms of inquiry conducted under Section 202 CrPC, all the statutory
requirements have been complied with. The complaint is filed within the period of
limitation. I am also prima facie satisfied that the offence has been committed within the
jurisdiction of this court.
Since the accused persons have already appeared in the matter, the service of
the summon is dispensed with and the summons is deemed be to be served upon the
accused.
Matter is fixed for appearance of accused.
( NISHTHA MEHTANI)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi-01.07.2024
-- 2 of 3 --
-3-
Accused no.2 and 3 are directed to file personal bonds and surety bonds in
sum of Rs.50,000/- each. Surety to appear on the NDOH.
Since the present offence is bailable in nature, the accused is admitted to bail
subject to furnishing of personal bonds.
Put up for compliance, exploring the possibility of settlment/framing of notice
and further proceedings on 13.01.2025.
PA is directed to do updation of the case and upload the order as per rules.
( NISHTHA MEHTANI)
MM (NI Act) Digital Court-03
New Delhi, PHC/Delhi-01.07.2024
-- 3 of 3 --