Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15CC NI ACT3071/2023
HTL METAL PVT. LTD. Vs. SUPREME TRADERS (Subhash
Place)
Proceedings conducted online through Video Conferencing using
CISCO WEBEX Software.
Assistant Ahlmad and Regular Stenographer of this Court are on
leave today.
Substitute Stenographer provided to this court vide circular
no.F2(2)/Admn./NW/RC/ 2024/2895-2897 dated 20.02.2024 is also on
leave.
06.03.2024
Present : Sh. Rahul Sharma, Ld. Counsel for the complainant.
Matter is at the stage of consideration.
Perusal of the complaint shows that accused no.3
Sameer is not shown as a partner in the GST details of the
partnership firm M/s. Supreme Traders. Further, he is also not a
signatory to the cheque in question. Therefore, name of accused
no.3 Sameer is dropped from the present proceedings.
However, proceedings qua accused no.1 M/s.
Supreme Traders and accused no.2 Syed Najmuddin
(Partner/Signatory) shall stand valid.
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
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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. 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 7 days
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 10.07.2024 at 10.00 a.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North-West,
Rohini Courts, Delhi/06.03.2024
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