Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 CC NI ACT 2600/2023
M/S SUPER PRODUCTS Vs. VISHNU (Bharat Nagar)
Proceedings conducted online through video conferencing using
CISCO WEBEX software.
18.09.2023
Regular Stenographer is on leave today.
Present: Sh. Ashutosh, Ld. Counsel for the complainant.
Authority letter of Sh. Rajeev Goel to represet the
complainant partnership firm and other partner, has been filed at
court’s mail ID as well as physical.
This is the complaint for offence punishable u/s 138 of
Negotiable Instruments Act, 1881.
Physical file has been deposited and the same has been
verified with the digital file by the Reader-cum-ahlmad. Documents
perused.
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. After perusal of the entire record,
this court is of the considered view that a prima facie case
punishable u/s 138 NI Act is made out against the accused.
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 Vishnu being
proprietor of VRV Traders through approved registered courier,
speed post and email for 29.01.2024. 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,
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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 29.01.2024 at
10:00 AM.
Copy of this order be sent along with summons.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/18.09.2023
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