Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10CC NI ACT3427/2023
NICHOLAS HEALTHCARE LIMITED Vs.MANISH SINGH
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
Regular Stenographer is on leave.
13.09.2023
Present: Sh. Aruni Poddar, Ld. Counsel for the complainant.
E-filing history filed.
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.
Issue summons to the accused MANISH SINGH being proprietor of Brahmani
Hospital through approved registered courier, speed post and email for 22.01.2024. 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
-- 1 of 2 --
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,
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 22.01.2024 at 10:00 AM.
Copy of this order be sent along with summons.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/13.09.2023
-- 2 of 2 --