Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 40CC NI ACT833/2023
PRABHAT AGARWAL PROP. OF M/SAGGARWAL INDUSTRIES Vs. M/S TINKU
ENTERPRISES THROUGH ITS PROP MR.TINKU JHA/0 (Rani Bagh)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
08.05.2023
Present: Sh. Shubham Sharma, Ld. Counsel for the complainant.
Original file received.
Ld. Counsel for the complainant has filed the screenshot of e-filing history at court's
email ID. Taken on record. Let the same be furnished physically along with the legal requirement to
file the 65 B Certificate.
This is the complaint for offence punishable u/s 138 of Negotiable Instruments Act,
1881.
Complainant has submitted the physical file alongwith all the documents in the court.
Reader-cum-ahlmad of the court has apprised the court that physical file has been verified with digital
file and is in the safe custody of the court.
Complaint, affidavit of address and other annexed documents perused.
Cognizance taken of the offence u/s 138 NI Act on the basis of material on record. Ld.
Counsel for the complainant is directed to file the meta data form as per the NI Digital Court Project
Implementation Guidelines framed by Hon'ble High Court of Delhi. Ld. Counsel for the complainant
undertakes to do the same.
Arguments heard on the point of summoning. All statutory requirements under NI Act
are complied with. The present complaint filed within limitations. After perusal of the entire record,
this court is of the considered view that a prima facie case punishable u/s 138 NI Act is made out
against the accused.
In terms of enquiry conducted u/s 202 CrPC, all statutory requirements have been
complied with.
Issue summons to the accused M/S TINKU ENTERPRISES through its proprietor
Tinku Jha through approved registered courier, speed post and email for 18.07.2023 The complainant
is directed to file PF and take steps within seven days. Complainant is directed to supply the copy of
complete set of documents filed in the court including evidence affidavit of complainant. Reader-
cum-ahlmad is directed to issue the summons only after ensuring that the same has been done.
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Reader-cum-ahlmad is directed to send the e-copy of summons alongwith e-copy
of digital case file to Nazarat Branch for service through email. Complainant is directed to file
an affidavit verifying the correctness of email id/whatsapp number of the accused. Nazarat
Branch is directed to file report regarding service of summons through email/whatsapp before
NDOH.
If the accused could not be served in view of the provisions contain in Section 62,63
and 64 Cr.PC, then process server is directed to serve the summons by way of affixation as per
Section 65 of Cr.PC and to file his report accordingly. If summons are served by way of affixation,
photographs of affixed summons and the place where it is affixed be also filed.
Reader-cum-ahlmad is directed to make the following endorsements on the summons
in terms of the guidelines of Hon'ble Supreme Court passed in the case of Damodar S. Prabhu Vs.
Sayed Babalal H. (2010) 5 SCC 663:
A) Accused can make an application for compounding of the offence at the first or
second hearing of the case and if such an application is made, compounding may
be allowed by the court without imposing any costs on the accused.
B) If the accused does not make an application for compounding as aforesaid, then if
an application for compounding is made before the court at a subsequent stage,
compounding can be allowed subject to the condition that accused will be required
to pay 10% of the cheque amount to be deposited as a condition for compounding
with the District Legal Services Authority.
Complainant is directed to file the process fee and postal envelops 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 envelops and upload scanned copy of
thereof on the Layers 2.0 as well as on the mirror image of the file on cloud. Accused is directed to
appear before this court through Video Conferencing on the Cisco Webex Application through the
Cisco Webex VC Room ID https://delhidistrictcourts.webex.com/meet/ninorthwest2
Put up for appearance of accused on 18.07.2023 at 10:00 AM.
Copy of this order be sent along with summons.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/08.05.2023
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