Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22CC NI ACT3548/2023
M/S JBD TRADING COMPANY LTD Vs. M/S KAPP STORE/0 ()
Proceedings conducted online through video conferencing using CISCO WEBEX software.
13.02.2024
Present: None for complainant.
Original file received.
Matter is fixed for consideration and arguments on summoning.
Matter is adjourned.
Put up for further proceedings on 06.08.2024.
At 11:00 AM, Ms. Barkha Tiwari, Ld. Counsel for the complainant appeared through VC.
Ld. Counsel for the complainant is directed to scan the page no. 18 i.e. first page of
legal notice of the judicial file and send the same at court's email ID.
Placing reliance upon the GST document, legal notice is deemed to be served.
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 M/S KAPP STORE through its proprietor Kuldeep
through approved registered courier, speed post and email for 06.08.2024 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.
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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, 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 06.08.2024 at 10:00 AM.
Copy of this order be sent along with summons.
(Shivangi Mangla)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/13.02.2024
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