Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27
CC No. 629/2023 ORCHID CHEMICALS Vs. M/S. S. E. HERBAL
PVT. LTD.
08.04.2024
Proceedings are conducted through VC using CISCO Webex Meeting App.
Present : Ld. Counsel Sh. Madhur Sapra for complainant.
Ld. Counsel has submitted that the accused issued five
cheques out of which, four cheques were for Rs.1,00,000/-(each) and
5th cheque was for Rs.64,823/-. It is further submitted that after the
dishonour of four cheques Rs.1,00,000/-(each), accused did make the
payment of Rs.10,000/- however, this payment was made in respect of
the 5th cheque. After the payment of Rs.10,000/-, the total due liability
of the accused got reduced to Rs.4,54,823/-. It is submitted that the
compliant has been filed only in respect of four cheques of
Rs.1,00,000/-(each) and not for the 5th cheque for which, accused made
the payment of Rs.10,000/-. Ld. Counsel has argued that since
payment of Rs.10,000/- was made with respect to the 5th cheque,
hence, there is no requirement for endorsement on other cheques.
Arguments heard. This Court is in agreement with the
submissions made by the Ld. Counsel. The complainant mentioned
the fact of receipt of amount of Rs.10,000/- in the legal notice which
reduce the total liability to Rs.4,54,823/-, however, the complaint has
been filed for only four cheques totalling Rs.4,00,000/-. Since the
payment was made in respect of the 5th cheque, there was no
requirement for endorsement on the cheques in question. The
complaint is maintainable.
Heard on the point of summoning. This is complaint filed
for offence punishable under Section 138 NI Act. Complaint, affidavit
of evidence and other annexed documents perused. The original
complaint and documents are placed in the safe custody of the Reader-
cum-ahlmad of this court. I take cognizance of the said offence.
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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 the complaint, documents produced and
verification in the form of affidavit of evidence, there are sufficient
grounds for proceeding further against the accused no.1 M/s. S. E.
Herbal Pvt. Ltd. and accused no.2 Ms. Kiran Bajaj for offence
punishable under Section 138 NI Act.
The complainant side is directed to file metadata form
before filing of PF. Thereafter, Reader-cum-Ahlmad to issue summons
against the accused person on PF/RC/Approved courier. Service be
also effected on the email, whatsapp message(s) and text message of
accused person(s). Proof of service/tracking report be filed and
updated in the digital file on or before the next date of hearing. 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 that if
application for compounding at first or second hearing is made the
court may pass appropriate orders at the earliest and if settlement is
made at subsequent stage the consequences as envisaged in Damodar
S. Prabhu Vs. Sayed Babulal H.; (2010) 5 SCC 663 shall be enforced.
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(ies) of complaint otherwise the complaint
may be dismissed Under Section 204 (4) Cr.P.C.
Matter be fixed for appearance of accused/furnishing of
bail/consideration on notice for 21.09.2024.
(Ajay Singh Parihar)
MM (NI ACT) Digital Court-04 (N/W),
Rohini Courts, Delhi, 08.04.2024
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