Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 9907-2022
VALVOLINE CUMMINS PVT LTD Vs. M/SMAX TRUCKS
24.06.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Ms. Saranga, Ld. Counsel for complainant.
Ld. Counsel for complainant submits that she has filed the GST
certificate of the accused firm showing that the accused firm is a partnership
concerned on the email id of this court.
Same is taken on record.
She further submits that she has also filed the amended complaint in
which she has amended the title of the complaint. She submits that in the amended
title of the complaint, the complaint under Section 138 r/w Section 141 is mentioned.
Amended complaint along with amended pre-summoning evidence affidavit is filed
on the email id of this court.
Same are taken on record.
Physical copy of the same be furnished within due time.
The amendment being formal in nature is allowed.
Put up for PSE at 2.00 PM.
AT 2.00 PM.
Present: Ms. Saranga, Ld. Counsel for complainant.
I have perused the complaint along with other supporting documents and
it appears that prima facie the complaint is time barred.
Ld. Counsel for complainant has filed the e filing history of the filing of
complaint on the email id of this court.
Same is taken on record.
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The Reader of this court is directed to upload the same on LAYERS as
per rules.
Physical copy of the same be furnished within due time.
Perusal of the e filing shows that the complaint was drafted/e-filed
initially on 31.08.2022 which is well within the limitation period.
1. I have perused the complaint, Authorization in favour of the AR of the
complainant, pre-summoning evidence by way of affidavit of the AR 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.
3. Accordingly, issue summons to accused no. 1 and 2 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 12.10.2023. 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
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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. An endorsement be also made on the form for summons 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 & Instruments (P)
Ltd. v. Kanchan Mehta, (2018) 1 SCC 560 and if settlement is made at subsequent
stages, the consequences as provided in Damodar S. Prabhu v. Syed Babulal H;
(2010) 5 SCC 663 shall be enforced.
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 12.10.2023.
7. The summons must accompany the copy of the complaint along with
other supporting documents and the complainant will file the proof of the the copy
being supplied to the accused before this court on the NDOH.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-24.06.2023
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