Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10
CC NI ACT3615/2023
MRS TANUSHREE GOVIL ACTINGTHROUGH POWER OF ATTORNEYHOLDER MRS SUMAN GOVIL Vs.
VSRINFRATECH PRIVATE LIMITED/0 (Rani Bagh)
Proceedings conducted online through Video Conferencing using CISCO WEBEX Software.
17.11.2023
Present : Sh. Ahmad Ibrahim, Ld. Counsel for the complainant alongwith complainant in person.
None for accused.
Matter is listed for consideration. Physical file deposited.
Heard on the point of summoning.
Perusal of the complaint shows that with regards to proposed accused no.6 Amit Khatri, the court
finds no evidence to proceed for the offence u/s. 138 NI Act as he is neither a director at the time of transaction nor a
signatory to the cheque. Further there is no material to support his involvement in thepresent matter. Therefore, vide
this order, his name is dropped from the name of the accused.
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 grounds for proceeding further against the accused namely 1)VSR Infrateh Pvt. Ltd., 2) Vishal
Swara,3) Chetan Swara, 4) Amit Kumar, 5) Jatin Bajaj 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 29.01.2024
at 10.00 a.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/17.11.2023
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