Order 1

Order Details: COPY OF ORDER
Pdf Text: 39 CC NI ACT / 2755/2023
M/s Vital Home Care Vs. M/s Kanchan Trading Company Through Its
Proprietor Sh Jitendra Singh (Adarsh Nagar)
22.07.2024
(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. Vikrant Arora, Ld. Counsel for 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 29.01.2025. 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 judgment 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 29.01.2025.
(Ankit Solanki)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
22.07.2024
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