Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 CC NI ACT 1387/2023
MARC ENTERPRISES PVT LTD Vs. MR
PURSHOTTAM KUMAR
(S.P. Badli)
06.07.2024
(Proceedings conducted through Cisco Webex)
“Case has been received by way of transfer from the Court of Ms. Himanshi Tyagi Ld. M.M. NI
Act Digital Court-01 (North) Rohini Courts, Delhi”.
Present: Ms. Nidhi Jain, Ld. counsel for the complainant.
I take cognizance of offence U/s 138 NI Act. As per the e-filing history filed by Ld.
counsel for complainant through e-mail, the complaint was filed within limitation.
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. In view of
complaint, documents produced and verification in the form of affidavit of evidence, there are
sufficient grounds for proceeding further against accused person for offence punishable under
Section 138 N. I. Act.
Hence, issue summons against the accused person on P.F./R.C./Approved Courier for
16.01.2025. Service be also effected on the email, whatsapp message and text message of accused
person, as provided by the complainant and further subject to filing of report of service. For
felicitation of the same, dasti summons are permitted. The process server is directed to serve the
summons by way of affixation, if premises found closed or same could not be served personally or on
any adult male member.
An endorsement be also made with respect to the compoundable nature of the offence as
per the judgement in
Damodar S. Prabhu; (2010) 5 SCC 663.
The Ahlmad is directed to mention the official email id and video conferencing link of this
Court on the summons. Complainant is directed to file PF and take steps within 10 days including
providing copy of complaint otherwise the complaint may be dismissed U/s 204(4) Cr. P.C.
Put up for appearance of accused on 16.01.2025.
(Ankit Solanki)
JMFC(NI ACT) Digital Court no.2
North District Rohini Courts,
Delhi 06.07.2024
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