Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29
CC No. 1374/2024 Kohinoor Seed Fields India Pvt Ltd Vs. Sambhaji
Bhagwan Nikam
02.05.2024
Proceedings are conducted through VC using CISCO Webex Meeting App.
Present : AR for complainant.
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 for 19.11.2024.
(Ajay Singh Parihar)
MM (NI ACT) Digital Court-04 (N/W),
Rohini Courts, Delhi, 02.05.2024
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