Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 37 CC NI ACT / 1591/2024
M/s Antex Pharma Pvt Ltd Vs. Mediline Corporation
02.07.2025
Present: Mr. Sumit Rajput, Ld. Counsel for complainant.
As per the tracking report filed by the Ld. Counsel for complainant, notice
has already been delivered on the physical address of the proposed accused.
It seems that proposed accused is not interested to address any arguments
at this stage.
Despite several calls none has appeared for the proposed accused to argue
on point of cognizance. The last opportunity in this regard was already given to the
proposed accused on LDOH. In these circumstances, the matter is proceeded with in the
absence of the proposed accused.
Submissions of Ld. Counsel for complainant heard on the point of
cognizance and 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.
PSE of the complainant is dispensed with.
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.
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Issue summons to the accused Mediline Corporation through its proprietor
Paramjeet Singh Chawla for 10.12.2025, 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.
(GAURAV DAHIYA)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
02.07.2025
GAURAV
DAHIYA
Digitally signed
by GAURAV
DAHIYA
Date:
2025.07.02
14:49:27 +0530
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