Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 81 CC NI ACT 3622/2023 AIPL ZORRO PVT LTD Vs. MS CREATIVE MARKETING
AND ORS /0 (Subhash Place)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
06.03.2025
Present: None for complainant.
Be awaited.
At 2:56 PM, Sh. Kartik Dabas, Ld. Counsel for the complainant appeared through VC.
GST certificate of the accused alongwith supporting affidavit furnished on
court's email ID. Taken on record. Let the same be uploaded on Layers 3.0 by Reader-
cum-ahlmad.
This is the complaint for offence punishable u/s 138 of Negotiable
Instruments Act, 1881.
Complainant has submitted the physical file alongwith all the documents in
the court. Reader-cum-ahlmad of the court has apprised the court that physical file has
been verified with digital file and is in the safe custody of the court.
Complaint, affidavit of address and other annexed documents perused.
Cognizance taken of the offence u/s 138 NI Act on the basis of material on
record. 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. On
consideration of the complaint, annexed documents, evidence affidavit of the complainant
and specif averments made against the accused, this court is of the opinion that three are
prima facie grounds for proceeding against accused no. 1, 2 and 3 only for the
commission of offence u/s 138 NI Act.
Accused no. 1 is the Partnership firm and is
prima facie responsible, being
the drawer of the cheque. Accused no. 2 and 3 are stated to be the partners of accused no.
1 partnership firm and hence responsible for all the liabilities of accused no. 1.
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In terms of enquiry conducted u/s 202 CrPC, all statutory requirements
have been complied with.
Issue summons to the accused no. 1 M/s Creative Marketing through
accused no. 2 and 3; accused no. 2 Kanniyappan Mannikandan and accused no. 3
Kaniappan Kasthuri through approved registered courier, speed post and email for
17.07.2025 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
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
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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 17.07.2025 at 10:00 AM.
Copy of this order be sent along with summons.
(Parul Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/06.03.2025
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