Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27
CC No. 5284/2023 Nicholas Healthcare ltd. Vs. Sardar Manprit Singh
21.08.2024
Proceedings are conducted through VC using CISCO Webex Meeting App.
Present : Ld. Counsel Sh. Aruni Poddar for complainant.
Ld. Counsel Ms. Neelima Dubey alongwith proposed
accused.
Be awaited for 11:30 AM.
At 11:30 AM
Present : Ld. Counsel Sh. Aruni Poddar for complainant.
Ld. Counsel Ms. Neelima Dubey alongwith proposed
accused.
Ld. Counsel for proposed accused has received the copy
of complaint and documents.
Ld. Counsel for complainant has contended that present
complaint was filed with a delay of 35 days for the reason that at the
time of filing of the complaint, the portal for filing complaints was
under change. It is submitted that the counsel was not well versed with
the technical requirements for filing the complaint. Ld. Counsel has
submitted that the delay in filing of the complaint is not deliberate.
Ld. Counsel for proposed accused has opposed the
application.
It is settled law that if the explanation given of sufficient
cause does not show the malafide and the delay is not deliberate and
result of negligence of the party, then the court may condone the delay
as per the judgment of Hon’ble High Court of Delhi titled as
Brushman India Ltd. & Anr. Vs. State & Anr. Criminal M.C. No.
151/2010.
In the present case, the reason given by the Ld. Counsel
for delay appears to be genuine and bonafide, hence, complainant has
shown the sufficient cause and the delay is condoned. Application
stands allowed and disposed off accordingly.
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 for offence
punishable under Section 138 NI Act.
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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 10 days
including providing copy(ies) of complaint otherwise the complaint
may be dismissed Under Section 204 (4) Cr.P.C.
Since the accused has already appeared, let the matter be
listed for consideration on notice for 07.12.2024.
(Ajay Singh Parihar)
JMFC (NI ACT) Digital Court-03 (N/W),
Rohini Courts, Delhi, 21.08.2024
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