Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29CC NI ACT/1715/2024
Bright Star Sanitation Vs. SamriddhiTrading Co/0 (Shalimar Bagh)
Proceedings conducted online through Video Conferencing using CISCO WEBEX Software.
Counsels are directed to appear with Camera open.
Presence of the accused will not be marked if his or her video is off.
18.10.2024
Present : Sh. Nipun Gupta, Ld. Counsel for complainant.
Matter is at the stage of consideration.
Gst details has been filed on court’s mail ID. However the same is not traceable.
Time is given till 12.00 pm to file the GST details before the court.
Put up again at 12.00 pm.
At 12.35 pm.
GST details has been filed.
A perusal of the record as well as GST shows that the Vineeta Chawla is the
proprietor of M/s SamriddhiTrading Co which is also the drawer of the cheque in question.
Accordingly name of accused no. 2 Deepak Chawla is dropped from the
present proceedings as no case is made out against him.
Let amended memo of parties be filed before the next date of hearing.
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
(1) M/s SamriddhiTrading Co (through proprietor Ms. Vineeta Chawla) for offence
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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 a
month 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 04.02.2025 at 10.00 a.m.
(SHRUTI SHARMA II)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/18.10.2024
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