Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 CC NI ACT 1524/2023 BABYCARE, INDIA Vs. M/S MAITREE
APPAREL /0 (Model Town)
05.07.2024
(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: Sh. Ram Manohar Singh, Ld. Counsel for complainant along
with complainant in person.
Matter is listed for consideration.
Upon perusal of the complaint, it has come to notice that the legal
demand notice was not delivered to the accused as the accused had left the
address.
Ld. counsel for the complainant has submitted M/S TEA Arcade Vs.
Aparna Rai of the Hon’ble Calcutta High Court (2022) 06 CAL CK 0002,
which states that if the proposed accused has left the address it would amount to
deemed service. Also section 27 of General clauses Act states the same.
Therefore, it is deemed that the legal demand notice was served upon the
accused on 20.05.2023 i.e. the date when the speed post was received back by
the complainant with the remark that “the proposed accused has left the
address”.
Therefore, 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 27.09.2024. 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 27.09.2024.
(Ankit Solanki)
JMFC(NI ACT) Digital Court no.2
North District Rohini Courts,
Delhi 05.07.2024
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