Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28CC NI ACT/851/2024
Ms Snrg Electricals India Pvt Ltd Vs. Shiv Enterprises Export/0 (Maurya Enclave)
Proceedings conducted online through Video Conferencing using CISCO WEBEX Software.
Counsels are directed to appear with Camera open.
Presence of the accused will not be marked if his or her video is off.
03.09.2024
Present : Sh Rishabh Nigam, Ld. Counsel for complainant.
Matter is at the stage of consideration.
A perusal of the complaint shows that in the memo of parties there are 3 accused
persons, (I) M/s Shiv Enterprises Export (II) Sh Rakesh Kumar stated to be partner of the
accused no. 1 (III) Sh Vinod Kumar stated to be proprietor of accused no. 1.
Upon specific query from the Ld. Counsel for complainant, he submits that the
accused no. 1 is proprietorship concern and Sh. Rakesh Kumar is its proprietor.
GST details filed of the accused no. 1 proprietorship concern as per which Sh
Rakesh Kumar is shown to be its proprietor.
Accordingly name of Sh Vinod Kumar is dropped from the present
proceedings as he is not a proprietor nor a signatory to the cheque in question.
Let amended memo of parties clarifying the status of the accused be filed within 7
days from today.
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.
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
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affidavit of evidence, there are sufficient grounds for proceeding further against the accused
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 a
month 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 on 18.12.2024 at 10.00 a.m.
(SHRUTI SHARMA II)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/03.09.2024
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