Order 1

Order Details: COPY OF ORDER
Pdf Text: 19
CC No. 1292/23 Ankit Plastic Industries Vs. New Fashion Footwear
15.07.2023
Proceedings are conducted through VC using CISCO Webex Meeting App.
Present : Ld. Counsel Sh. Sarthi Vats for complainant.
Ld. Counsel has submitted that the complaint was e-filed on
06.03.2023 and same was pending at the end of registry. Eventually, the complaint
was accepted on 17.03.2023. Ld. Counsel has submitted that there was no fault as
well as delay on the part of the complainant in filing of the complaint. Hence, there
is no delay in filing of the complaint.
Ld. Counsel has also sent the receipt of e-filing on the e-mail ID of
the court. Considering the submissions of the Ld. Counsel, it appears that the
complaint was filed in time. It appears that there is no delay on the part of the
complainant, hence, as such, there is no delay.
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 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 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 on 20.11.2023.
(Ajay Singh Parihar)
MM (NI ACT) Digital Court-04 (N/W),
Rohini Courts, Delhi, 15.07.2023
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