Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29CC NI ACT/748/2024 Aipl Zorro Pvt Ltd Vs. Bithika Marketing (Subhash Place)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
18.04.2024
Present: Sh. Deepanshu Gupta, Ld. Counsel for the complainant.
Matter is fixed for consideration and arguments on summoning.
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. On consideration of the complaint,
annexed documents, evidence affidavit of the complainant and specif averments made against the
accused, this court is of the opinion that three are prima facie grounds for proceeding against accused no.
1 and 2 only for the commission of offence u/s 138 NI Act.
Accused no. 1 is the Partnership firm and is prima facie responsible, being the drawer of
the cheque. Accused no. 2 is the authorised signatory to the cheque in dispute and Partner and is prima
facie liable. Accused no. 3 is stated to be the Partner. However, no specif averments made with regard to
his role, responsibility in the affairs of the Partnership firm. Cognizance qua accused no. 3 is declined.
In terms of enquiry conducted u/s 202 CrPC, all statutory requirements have been
complied with.
Issue summons to the accused no. 1 Bithika Marketing, partnership firm; Accused no. 2
Mrinmoy Kumar Paul, authorized signatory to the cheque in question and partner to accused no. 1,
through approved registered courier, speed post and email for NDOH. 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.
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
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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
In reference to the letter no.NW/DLSA/ 2nd NLA/2024/837 dated 26.03.2024, the matter
is referred before the Lok Adalat on 11.05.2024.
In case of non settlement, put up for appearance of accused on 24.09.2024 at 10:00 AM.
Copy of this order be sent along with summons.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/18.04.2024
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