Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10675-2022
NEXT EDUCATION INDIA PVT LTD Vs. KNT EDUCATION TRUST
02.05.2023
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi1
Present: Ms. Akshara Santosh, 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 seeks opportunity to file application for
condonation of delay if any along with e-filing history of the filing of the complaint
showing the relevant date of e-filing of complaint well within limitation period.
Heard. Opportunity granted.
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.
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 29.10.2022 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.
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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. 2 MR. ADARSH for being the
drawer and signatory to the impugned cheque. Proceedings against proposed
accused no. 1 are hereby dropped. The summons are to be sent upon filing of PF/RC
within one month from today, returnable on 20.09.2023. 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 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
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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 20.09.2023.
(HARJOT SINGH)
MM (NI Act), Digital Court-01
PHC-New Delhi-02.05.2023
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