Delhi District Court
Cc Ni Act 524-20/ Oravel Stays Private ... vs . Pankaj Bharti on 25 August, 2021
CC NI ACT 524-20/ ORAVEL STAYS PRIVATE LIMITED Vs. PANKAJ BHARTI 25.08.2021 Proceedings conducted through video conferencing on Cisco Webex platform using the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi1. Matter taken up today as the cheque amount involved is less than Rs. 2,00,000/- and efforts are being made to dispose the matter expeditiously, as per the directions of DSLSA. Present: Ld. Counsel for complainant, Sh. Neeraj Goswami. 1.
I have perused the complaint, Letter of Authority in favour of the AR of the complainant, pre- summoning evidence by way of affidavit of the AR of the complainant and the documents relied upon by the complainant. The present complaint has been filed within the extended period of limitation (In Re Cognizance for Extension of Limitation dated 08.03.2021 (Suo Moto Writ Petition (Civil) No.3/2020) and is within the jurisdiction of this Court. The complaint and the original documents have been submitted to the Reader-cum- Ahlmad for safe custody. The documents have been identified today in accordance with the pre-summoning evidence by way of affidavit.
2. In light of the decision of the Hon'ble Supreme Court in A.C. Narayanan v. State of Maharashtra & Anr. (2014) 11 SCC 790, Full Bench, examination of the complainant upon oath for issuance of process is a matter of discretion of the Magistrate. In the considered opinion of this Court, there is no need to examine the complainant for the purpose of issuance of process. There is sufficient material before this Court to proceed against the accused. I hereby take cognizance of the offence under Section 138 of the NI Act.
3. Accordingly, issue summons to accused, Punkaj Bharti for being the drawer and signatory of the impugned cheque. The summons are to be sent upon filing of PF/RC within 1 week from today, returnable on 08.09.2021. The complainant is directed to file metadata form before filing of PF. The process server is directed to serve the summons by way of affixation, if premises are found locked or same could not be served personally or on any adult male member. To expedite service, the complainant is at liberty to serve the summons through speed post/approved courier, as well as through email and Whatsapp subject to filing internet generated tracking report of service along with the affidavit and Certificate u/S 65 B Evidence Act, on the next date of hearing.
4. An endorsement be also made on the form for summons that if application for compounding at first or second hearing is made, the Court may pass appropriate orders at the earliest as per judgment of M/s Meters & Instruments (P) Ltd. v. Kanchan Mehta, (2018) 1 SCC 560 and if settlement is made at subsequent stages, the consequences as provided in Damodar S. Prabhu v. Syed Babulal H; (2010) 5 SCC 663 shall be enforced.
5. The Reader-cum-Ahlmad is directed to mention the official email id of the Court, the URL link as well as the permanent meeting number of video conferencing through CISCO Webex platform, on the form for issuance of summons. Complainant is directed to file PF and provide copies of the complaint and other necessary documents, within 1 week from today, failing which the complaint may be dismissed under Section 204(4), CrPC.
6. Renotify for appearance of the accused/furnishing of bail bonds/ consideration on Notice under Section 251, CrPC on 08.09.2021.
Digitally signed by JYOTI JYOTI MAHESHWARI
MAHESHWARI Date: 2021.08.25
17:03:57 +0530
(JYOTI MAHESHWARI)
MM (NI Act), Digital Court-01/ PHC/New Delhi/25.08.2021