Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11CC NI ACT 3616/2023
MR ANIL KUMAR SINGHAL ACTINGTHROUGH POWER OF
ATTORNEYHOLDER MRS SUMAN GOVIL Vs. VSR INFRATECH PRIVATE
LIMITED
(Rani Bagh)
Proceedings conducted online through Video Conferencing using CISCO
WEBEX Software.
Lawyers are reportedly abstaining from work today on account of strike.
29.01.2024
Present : Sh Ahmad Ibrahim, Ld. Counsel for complainant alongwith
complainant.
Layers of the Undersigned is not working. As some security changes
has been done by NIC in Saccess.
Ordersheets and Complaint is not accessible.
Put up again at 02.00 pm.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/29.01.2024
At 02.11 pm
Present : Sh Ahmad Ibrahim, Ld. Counsel for complainant alongwith
complainant.
A perusal of the record shows that memo of parties in the present
complaint mentions name of 6 accused persons. Out of which accused no. 1 is the
company, accused no. 2/Vishal Swara is a signatory to the cheques in question.
Master data of the accused company is also annexed with the complaint which also
mentions the name of accused no. 3 to 5. As the master data of the accused
company does not mention the name of Amit Khatri i.e. accused no. 6 as per the
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memo of parties, as the director of the company, further as he is not signatory to the
cheque in question, no proceedings in this case can be initiated against him.
Therefore his name in the present complaint is dropped.
However, the complaint stands still qua accused no. 1 to 5.
Ld. Counsel for complainant is directed to file the amended memo of
parties before the next date of hearing.
Heard on the point of summoning.
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 (I) VSR INFRATECH PRIVATE LIMITED (II) VISHAL
SWARA (III) CHETAN SWARA (IV)AMIT KUMAR (V) 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
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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 13.05.2024 at 10.00 a.m.
(SHRUTI SHARMA II)
MM(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/29.01.2024
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