Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12CC NI ACT1587/2023
VASU POLYMERS INDIA PVT LTD Vs. AARAV PACKAGING PVT LTD/0 (Shalimar
Bagh)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
30.05.2023
Present: Sh. D.R. Jain, Ld. Counsel for the complainant through work station.
Original file received.
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, 2, 3 and 4 only for the commission of offence u/s 138 NI Act.
Accused no. 1 is the Company and is prima facie responsible, being the drawer of
the cheque. Accused no. 4 is the Managing Director and is prima facie liable, being the key
managerial personnel (as per Section 2(51) Companies Act, 2013) of the accused company.
Accused no. 2 and 3 are the authorised signatory to the cheque in dispute and is prima facie
liable.
In terms of enquiry conducted u/s 202 CrPC, all statutory requirements have been
complied with.
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Issue summons to the accused no. 1 AARAV PACKAGING PVT LTD; accused
no. 2 Prem Narain Singh, authorised signatory to the cheque in question as well as the
Managing Director to accused no.1 ; accused no. 3 Sanjeev Singh, authorised signatory to the
cheque in question as well as the Managing Director to accused no 1; and accused no.4 Yogesh
Kumar Saxena, Managing Director to accused no. 1 through approved registered courier, speed
post and email for 26.08.2023 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.
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
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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 26.08.2023 at 10:00 AM.
Copy of this order be sent along with summons.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/30.05.2023
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