Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 79 CC NI ACT / 1951/2024 Relina Hospitality LLP Vs. Mohan Bhardwaj /0 (Maurya
Enclave)
18.01.2025
Proceedings are conducted through VC using CISCO Webex Meeting App.
Present: Sh. Nishchaya Nigam Ld. counsel for complainant.
The matter was listed on application for condonation of delay. Court
notice received with the report that the father of the accused was informed about the date of
the order. This shall be deemed due service to the proposed accused.
Ld. Counsel for the complainant submits that the complainant was on bed
rest due to severe thyroid there was a delay of 20 days as the complainant is bed ridden. He
further submits that lab report has been placed on record.
Heard.
The perusal of application reveals that there is a delay of 20 days in filing
the present complaint by the complainant.
The perusal of lab report shows that the complainant was suffering for the
afore said problem. If the application is not allowed the complainant will lose the right to
argue the matter on merits. However, if the application is allowed the parties will get the
opportunity of a fair trial. It has been held in a catena of judgment of the Apex Court that a
hyper technical approach shall be avoided and liberal approach be taken while considering
the reason for causing delay in filing the Complaint on the last date of expiry of the period
of limitation. The same was underpinned in the celebrated judgment of Collector Land
Acquisition, Anantnag & Anr Vs. Mst. Katiji & Ors., (1987) SC.
In the present matter the balance of convenience lies in favour of the
Complainant. Thus, in the interest of justice the delay in filing the present Complaint stands
condoned and the application stands allowed.
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.
The service of the court notice shall be deemed service of summons on
the accused.
At this stage, Ld. counsel for complainant requests that BWs be issued
against the accused as he is aware about the court date.
Let bailable warrants in the sum of Rs.5000/- be issued against the accused
subject to filing of PF within 10 working days from today.
Matter be fixed for appearance of accused/furnishing of bail/consideration
on notice for 03.05.2025.
(Jayanti Chander)
JMFC (NI ACT) Digital Court-03 (N/W),
Rohini Courts, Delhi, 18.01.2025
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