Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16CC NI ACT2366/2023
MANJULA AGARWAL ACTING THROUGH POA SUMAN GOVIL Vs. VSR INFRATECH PRIVATE
LIMITED/0 (Rani Bagh)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
24.06.2023
Present: Sh. Ahmad Ibrahim, Ld. Counsel for the complainant.
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, 5 and 6 only for
the commission of offence u/s 138 NI Act. Cognizance qua accused no. 4 and 7 is declined.
Accused no. 1 is the Company and is prima facie responsible, being the drawer of the cheque.
Accused no. 3, 5 and 6 are the Managing Director and are prima facie liable, being the key managerial
personnel (as per Section 2(51) Companies Act, 2013) of the accused company. Accused no. 2 is the
authorised signatory to the cheque in dispute and is prima facie liable. Accused no. 4 and 7 are stated to be
the Director. However, no specif averments made with regard to his role, responsibility in the affairs of the
company. Merely because accused is the Director does not make him liable in terms of Section 141 of NI Act.
In terms of enquiry conducted u/s 202 CrPC, all statutory requirements have been complied
with.
Issue summons to the accused no. 1 VSR INFRATECH PRIVATE LIMITED; Accused no. 2
Vishal Swara, authorized signatory to the cheque in question; Accused no. 3 Chetan Swara, Managing
Director to accused no. 1; Accused no. 5 Amit Kumar, Managing Director to accused no. 1; Accused no. 6
Jatin Bajaj, Managing Director to accused no. 1 through approved registered courier, speed post and email for
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08.09.2023 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 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 08.09.2023 at 10:00 AM.
Copy of this order be sent along with summons. (Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/24.06.2023
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