Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 21 CC NI ACT 1514/2023 UTC MARKETING PVT LTD Vs. SH. SUBODH KUMAR
BANSALPRO. OF M/S BANSAL TRADING COMPANY /0 (Anand Vihar)
30.03.2024
Matter taken up through VC on CISCO Webex from Court room no. 408, New Building, KKD.
The undersigned is also working as Link MM of five courts.
There is internet issue in the Court today since morning.
Present: Ms. Priyanka Sethia, counsel for the complainant with AR.
1.1. All original documents were submitted by Ld counsel for the complainant.
Same has been verified today and found to be in order.
1.2. As regards the examination of the complainant under Section 200 Cr.P.C, the
Hon’ble Apex Court in its judgment titled as “ A.C. Narayanan v. State of Maharashtra
& Anr., (2014) 11 SCC 790”,has held as under:-
“From a conjoint reading of Sections 138, 142 and 145 of the N.I.
Act as well as Section 200 of the Code, it is clear that it isopen to the
Magistrate to issue process on the basis of the contents of the
complaint, documents in support thereof and the affidavit submitted
by the complainant in support of the complaint. Once the
complainant files an affidavit in support of the complaint before
issuance of the process under Section 200 of the Code, it is thereafter
open to the Magistrate, if he thinks fit, to call upon the complainant
to remain present and to examine him as to the facts contained in the
affidavit submitted by the complainant in support of his complaint.
However, it is a matter of discretion and the Magistrate is not bound
to call upon the complainant to remain present before the Court and
to examine him upon oath for taking decision whether or not to issue
process on the complaint under Section 138 of the N.I. Act. For the
purpose of issuing process under Section 200 of the Code, it is open
to the Magistrate to rely upon the verification in the form of affidavit
filed by the complainant in support of the complaint under Section
138 of the N.I. Act. It is only if and where the Magistrate, after
considering the complaint under Section 138 of the N.I. Act,
documents produced in support thereof and the verification in the
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form of affidavit of the complainant, is of the view that examination
of the complainant or his witness(s) is required, the Magistrate may
call upon the complainant to remain present before the Court and
examine the complainant and/or his witness upon oath for taking a
decision whether or not to issue process on the complaint under
Section 138 of the N.I. Act.”
In light of the above-mentioned judgment, it is not incumbent upon this Court to
examine the complainant on oath before issuing process.
1.3. I have carefully scrutinized the complaint, evidence by way of affidavit and
annexed documents and same are found to be in order. Perusal of complaint, evidence by
way of affidavit and annexed document shows that there is sufficient material available on
record to proceed further against proposed accused for the offence punishable under section
138 Negotiable Instruments Act and summon the proposed accused.
1.4. In terms of inquiry conducted under Section 202 Cr.P.C, all the statutory
requirements have been complied with. The present complaint is within the jurisdiction of
this court and is filed within the period of limitation prescribed U/s 142(1)(b) of Negotiable
instrument Act,1881.
1.5. I take cognizance of said offence.
2. Hence, issue summons against the accused to appear on filing of
P.F./R.C./Approved Courier well as through all permissible mode returnable on for
20.12.2024. If the accused could not be served in view of the provisions contained in
Section 62, 63 and 64 of Cr.P.C., then process server is directed to serve the summons by
way of affixation as per Section 65 of Cr.P.C and to file his report accordingly. If summons
are served by way of affixation, photographs of the affixed summons showing the
address/place where it is affixed be filed as well alongwith the report.
3. Service be also effected on the email, whatsapp message(s) and/or 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 complainant can provide email address of accused
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person(s),if any for service. The service of summons through what's app message(s) and
text message(s) is permitted provided the complainant files an affidavit to the effect that
email address and/or number on which the said message(s) are sent is/are of the accused
person(s) and further subject to filing of report of service.
It is hereby directed that in case of electronic service of summons, a digital copy of
screenshot of such service be necessarily attached with report on summons.
4. Directions:
4.1. Directions To complainant:
V. The complainant side is directed to file metadata form before filing of PF as
per the guidelines in SOP drafted by Hon’ble Delhi High Court.
VI. To file PF and take steps within 02 weeks from today including providing
copy(ies) of complaint including the evidence affidavit of complainant
otherwise the complaint may be dismissed U/s 204(4) Cr. P.C.
VII. To file tracking report of summons sent through speed post/
registered post on record through e-filing portal atleast one week prior to
NDOH and submit hard copy of the same as well.
VIII. Complainant is directed to be present on NDOH through Video
Conferencing.
4.2. Directions To Reader-cum-ahlmad:
Send along with summons following documents:
I. copy of this order.
II. copy of the present complaint;
III. and all other documents (including PSE of complainant, if any) annexed
with complaint.
IV. Mention the official email id and permanent video conferencing link
/meeting number of this Court on the summons.
V. Reader cum Ahlmad is further directed to send the e-copy of summons
to the Nazarat Brach for electronic service of summons.
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VI. Reader cum Ahlmad is directed to make the following endorsement on
the summons in terms of the guidelines of the Hon’ble Supreme Court passed in
the case of Damodar S. Prabhu v. Sayed Babalal H, (2010) 5 SCC 663
informing the accused that:
(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 the accused will be required to pay 10% of the
cheque amount to be deposited as a condition for compounding with
the District Legal Services Authority.
VII. To preserve PF form, service report, postal/ courier envelopes and upload
scanned copies thereof on the LAYERS 2.0 as well as on mirror image of file on
cloud.
4.3. Directions to Accused:
Accused is directed to appear before this court on 20.12.2024 through video-
conferencing on the Cisco Webex application through the permanent Cisco Webex VC
Room ID nishahdara1@districtcourtdelhi.webex.com from a quiet place where facility of
audio-video calling, internet and printer is available.
Now to come up for appearance of accused, grant of bail and framing of notice under
section 251 Cr.P.C./ 145 (2) NI Act application on 20.12.2024.
(Anmol Nohria)
MM (NI ACT) Digital
Shahdara/KKD/Delhi
30.03.2024
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