Order 2

Order Details: COPY OF ORDER
Pdf Text: 16
CC NI ACT3538/2023
HINDUSTAN POLY FOAMS PVT LTDTHROUGH ITS AR SH LATESH
BANSALVs. MOHIT RUBBER FOAM INDIAPVTLTD THROUGH ITS
DIRECTOR PRADEEPKHANNA
(South Rohini)
13.10.2023
Proceedings conducted through Cisco Webex.
Present: Sh. Rizul Tyagi, Ld. Counsel for complainant.
The matter is listed for consideration. Ld. Counsel for complainant requests
for a pass over.
Put up at 11.30 a.m.
(Garima Jindal)
MM (NI ACT) Digital Court no 3
North West District Rohini Courts,
Delhi 13.10.2023
At 11.30 a.m.
Present: Sh. Rijul Tyagi, Ld. Counsel for complainant.
This is complaint filed for offence punishable under Section 138 N.I. Act.
Complaint, affidavit of evidence and other annexed documents perused. I take
cognizance of 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 complaint, documents produced and
verification in the form of affidavit of evidence, there are sufficient grounds for
proceeding further against accused person for offence punishable under Section
138 N. I. Act.
Hence, issue summons against the accused person on
P.F./R.C./Approved Courier for 02.02.2024. Service be also effected on the
email, whatsapp message and text message of accused person, as provided by the
complainant and further subject to filing of report of service. For felicitation of
the same, dasti summons are permitted. 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 with respect to the compoundable
nature of the offence as per the judgment in Damodar S. Prabhu; (2010) 5
SCC 663.
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 10 days including providing copy of complaint otherwise the
complaint may be dismissed U/s 204(4) Cr. P.C.
Put up for appearance of accused on 02.02.2024.
(Garima Jindal)
MM (NI ACT) Digital Court no 3
North West District Rohini Courts,
Delhi 13.10.2023
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