Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 31
CC No. 1565/2024 Subhash Aggarwal Vs. Aryan Sharma
21.08.2024
Proceedings are conducted through VC using CISCO Webex Meeting App.
Fresh complaint received. Let the same be checked and registered as per rules.
Present : Ld. Counsel Sh. Manoj Gera for complainant.
Hon’ble Supreme Court in M/s. Ajit Seeds Ltd. Vs. K. Gopala
Krishnaiah Crl. Appeal No.1523/2014 has observed that complainant is not even
required to make any averment in the complaint regarding the service of legal demand
notice and that it can be presumed u/s. 27 of General Clauses Act that the notice was
served when it is sent on the correct address of the accused by registered post.
It has been observed in Ajit Seeds (Supra), “ Section 27 of the GC
Act gives rise to a presumption that service of the notice has been effected when it is
sent to the correct address by registered post. It is not necessary to aver in the
complaint that inspite of return of the notice unserved, it is deemed to have been
served or that the addressee is deemed to have knowledge of the notice. Unless and
until the contrary is proved by the addressee, service of notice is deemed to have been
effected at the time at which the letter would have been delivered in the ordinary
course of business ”. In the present case, the legal demand notice was sent through
speed post on the correct address of the accused, as stated in the affidavit. Hence, it
can be presumed that the legal demand notice was served on the accused in the
ordinary course of business.
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 through all modes. Dasti copy of summons be also
provided to complainant. 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 04.01.2025.
(Ajay Singh Parihar)
JMFC (NI ACT) Digital Court-03 (N/W),
Rohini Courts, Delhi, 21.08.2024
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