Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 CC NI ACT / 615/2024
S P Trading Co Vs. P P Enterprises
(Bawana)
03.03.2025
Present: Mr. Sarvajeet Kumar Thakur, Ld. Counsel for complainant.
The case is at the stage of orders on summoning of a complaint regarding
the commission of an offence punishable under Section 138 of Negotiable Instrument
Act, 1861.
Record perused.
Upon Court query, Ld. Counsel for complainant submits that accused no. 2
Payal Tyagi is the sole proprietor of P P Enterprises and proposed accused no. 3 was her
agent through whom the business dealings were done. He also submits that Payal Tyagi
is the signatory of cheque in question.
Submissions of Ld. Counsel for complainant heard on the point of
summoning of accused. Record perused.
Complainant has filed the pre-summoning evidence by way of affidavit
along with the relevant documents including the dishonoured cheque, bank return
memo, legal notice sent to the accused and proof of sending the legal notice.
All the statutory requirements under NI Act are complied with. The present
complaint case is filed within limitation. After perusal of the entire record, this Court is
of the considered opinion that prima facie case punishable U/s 138 of NI Act is made out
against the accused. I, therefore, take cognizance of the said offence.
Following the law laid down in
A.C. Narayanan Vs. State of Maharashtra
& Anr. (2014) 11 SCC 790, complaint, affidavit of evidence and documents considered.
Upon perusal of the documents on record, this court is of the prima facie
view that statutory requirements of Section 138 are met and there seems to be sufficient
ground to proceed against the accused no. 1 and 2 only as proposed accused no. 3 is
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neither the signatory of the cheque in question nor he is proprietor/partner or director of
accused no. 1 firm. There is no ground to summons to proposed accused no. 3.
Issue summons to the accused no. 1 P P Enterprises and accused no. 2
Payal Tyagi (Proprietor) for 04.06.2025, on filing PF, through approved registered
courier/speed post as well as through e-mode i.e whatsapp and email for NDOH.
Complainant is directed to file PF and take steps within 07 days.
Complainant is directed to file an affidavit verifying the correctness of
email ID/whatsapp number of the accused.
Complainant is directed to file the process fee and postal envelopes
physically, mentioning the details of the case etc. for issuance of summons to the
accused. Reader cum Ahlmad is directed to preserve PF form, service report,
postal/courier envelopes and upload scanned copies thereof on the LAYERS 2.0 as well
as on mirror image of file on cloud subject to availability of space on cloud.
Accused is directed to appear before this court through video conferencing
on the Cisco Webex application through the permanent Cisco Webex VC Room ID
1769049636. Parties can access information pertaining to working of Digital NI Act
Courts through the link https://delhicourts.nic.in/digitalnicourts.html.
Put up for appearance of accused, grant of bail and hearing on notice under
section 251 Cr. PC on NDOH at 10.00 AM. Copy of this order be sent along with
summons.
Ld. Counsel for complainant is directed to visit the Digital Court Work
Station at 5th floor, Porta Cabin-F, Rohini Court for submitting the PF/RC between
2.30pm to 3.30pm.
Ld. Counsel is directed to keep a scan of the postal receipt of summons and
file tracking report before the NDOH.
(HIMANSHI TYAGI)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
03.03.2025
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