Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12
CC NI ACT2669/2023
VASU POLYMERS INDIA PVT LTD
Vs.
AARAV PACKAGING PVT LTD
PS (Shalimar Bagh)
Proceedings conducted online through Video Conferencing
using CISCO WEBEX Software.
Reader-cum-Ahlmad, Assistant Ahlmad and Regular
Stenographer of this Court are on leave today.
27.02.2024
Present : Sh. D.R. Jain, Ld. Counsel for the complainant.
Sh. Arun Mehta, Ld. Counsel for all accused persons
alongwith accused no. 2 to 4.
Accused no. 1 is a company.
This is the first appearance of all accused persons before
the court. Offence under Section 138 NI Act being bailable in nature,
the accused persons are admitted to bail on furnishing of bail bonds
with surety bonds for a sum of Rs. 5,00,000/- with one surety of like
amount.
Time is sought for furnishing of surety bonds. Let the
same be filed within 10 days from today. Meanwhile, personal bonds
of the accused be filed during the course of the day on the court mail
ID.
Ld. counsel for all accused persons submits that the copy
of complaint consists more than 600 pages and the same is supplied to
the accused through Whatsapp.
Let copy of the complaint by way of physical mode
alongwith documents be supplied to the Ld. Counsel for the accused
persons on his Office address i.e. B-1/78, Ashok Vihar, Phase-II,
Delhi-110052 witin 7 days from today.
Cont…..
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At this stage, Ld. Counsel for all accusd perrsons
submits that all the accused persons are ready to settle the present
matter with the complainant and are ready to pay the cheque amount
of Rs. 50 Lakhs to the complainant. Accordingly, an application for
compounding of the present complaint has been made on behalf of the
accused persons.
Ld. cousnel for the complainant submits that the
complainant does not want to settle the matter and wants to claim
litigation and other expenses.
Ld. counsel for the complainant has explained that
present Court being a Criminal Court does not have power to grant
litigation expenses. Further, as the applilcation for compounding has
been made on the date of first appearance of the accused, therefore,
the complainant is not entitled to any interest also. The same is very
well mandate of Hon’ble Supreme Court explained in detail in the
judgment of Damodar S. Prabhu Vs. Sayed Babulal H.; (2010) 5
SCC 663.
Complaianant is directed to remain present before the
Court on the NDOH.
Put up again on 07.03.2024 at 02:00 PM.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/27.02.2024
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