Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 30 CC NI ACT 1717/2023 M/S ANTEX PHARMA PVT. LTD. Vs. M/S
NAV DURGA ENTERPRISES /0 (Prashant Vihar)
23.08.2024
(Proceedings conducted through Cisco Webex)
“Case has been received by way of transfer from the Court of Ms. Himanshi Tyagi Ld.
JMFC (NI Act) Digital Court-01 (North) Rohini Courts, Delhi”.
Present: Sh. Rishabh Verma, Ld. proxy Counsel for complainant through VC.
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 14.09.2024. 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 before Lok Adalat scheduled on 14.09.2024.
In alternate to come up before this Court on 25.02.2025.
(Ankit Solanki)
JMFC (NI Act) Digital Court no.2
North District Rohini Courts,
Delhi 23.08.2024
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