Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLNE0200 02492023
CC No. 74/2023
Shriram Transport Finance Co. Ltd. Vs. Ashad Ahmad
PS: Bhajan Pura
16.02.2023
(VC Proceedings through CISCO Webex)
Fresh complaint received through e-filing and the same is
checked and registered.
Present: Ld. Counsel for the complainant alongwith AR.
Ld. Counsel for the complainant submits that he has handed
over the original file alongwith other related documents to the Reader-cum-
Ahlmad of this court. The said fact has been confirmed by the Reader-
cum-Ahlmad of this court. He is directed to keep the file in his safe
custody.
1. Arguments on behalf of the complainant heard on point of
cognizance as well as summoning.
2. This is the complaint filed by the complainant alleging that accused
had issued the cheque(s) bearing No. 000176 to the complainant to
discharge his/ her the legal liability towards the complainant which got
dishonored vide return Memo. Thereafter complainant, issued the legal
demand notice to the accused. Despite service / deemed service of the
same, accused failed has to make the payment as per provisions of
Negotiable Instruments Act, 1881 and prays to take cognizance U/Sec.142
of Negotiable Instruments Act, 1881 for the offence punishable U/Sec. 138
of Negotiable Instruments Act, 1881.
3. After considering the present complaint, attached documents and the
evidence of complainant by way of affidavit, I am satisfied to proceed
against the accused as per the requirement of section 202 of Cr.PC and
further I am of the view that Prima facie case is made out for the offence
punishable U/Sec. 138 of Negotiable Instruments Act,1881, therefore I take
the cognizance in the present case for the offence punishable U/Sec. 138 of
Negotiable Instruments Act,1881. Present complaint has been filed within
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the period of limitation. Further, keeping in view the law laid down by
Hon’ble Supreme Court of India in A.C.Narayan Vs. State of
Maharashtra (2014) 11 SCC 790, the formal examination of complainant
again in the court on oath at this stage is thereby dispensed with.
Therefore, this court is of opinion that prima facie there is sufficient
material to proceed against the accused.
4 Let summons be issued against the accused Ashad Ahmad ( as
provided in the memo of parties) through all available modes including
speed post, E-mail and What’s App on the mobile number and E-mail ID of
accused (if provided by complainant) for appearance through Video
conferencing via link available on website/mentioned on summon upon
filing of PF/RC. The process server is also directed that in the event of
house/office/premises is found to be locked/refused to accept the
service/any other contingency of such a nature, the process be served
through affixation.
Ld. Counsel for complainant directed to file tracking report
alongwith certificate under section 65 B of Indian evidence Act on the
NDOH.
5 As per the guidelines laid down as in the case titled as
“Damodar S. Prabhu Vs. Sayed Babalal H”, AIR 2010 SC 1907,
Reader-cum-Ahlmad is directed to make a mention on the summons 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.”
PF be filed within fifteen working days.
Matter be put up for appearance of accused/furnishing of Bail Bond
and framing of notice on 09.05.2023.
(NIDHI BALA)
MM/NI Act/Digital Court;
North-East/KKD/16.02.2023
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