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Delhi District Court

Oravel Stays Pvt Ltd vs _________________________________ on 18 March, 2021

CC No. 15868­2019O 15869­2019 15903­2019 15904­2019 15905­2019 15906­2019 15908­2019
15909­2019 9152­2019
ORAVEL STAYS PVT LTD Vs._________________________________

Present:          AR of the complainant with Ld. Counsel.
SUBSTITUTION OF AR
                   An application for substitution of AR has been moved on behalf of the complainant.
Same is supported with relevant document. Considering the stage, new AR Sh. Ricky Sharma is
substituted in the present case. An evidence by way of affidavit on behalf of new AR has been filed.
Same be taken on record.
SUMMONING ORDER
                  On the basis of the complaint and the original documents annexed with the
complaint, the court is satisfied that the complaint is filed within limitation period and falls in the
territorial jurisdiction of this court. Accordingly, cognizance of the offence is taken.
                  Pre­summoning evidence by way of affidavit has been tendered along with
documents which have been duly exhibited. Vide separate statement, pre­summoning evidence of the
complainant is closed.
                  Arguments heard. Record perused.
                  I have gone through the complaint, list of dates and events, evidence and the
documents placed on record. The legal notice was issued within the prescribed period and the
complainant has also been filed within limitation period as per the inquiry made under Sec. 202 CrPC.
                  In view of the above, I am prima facie satisfied that an offence under Sec. 138 of
Negotiable Instruments Act against the accused has been made out within my jurisdiction.
                  Hence, issue summons against the accused, on P.F./R.C./Approved Courier for
19.07.2021

. The complainant can provide email address/whatsapp number of accused person, if any for service. The service of summons through email, whatsapp message(s) and text message(s) is also permitted provided the complainant files an affidavit to the effect that number on which the said message(s) are sent is/are of the accused and further subject to filing of report of service. 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 as per judgment of M/s Meters and Instruments P. Ltd Vs. Kanchan Mehta, (2018) 1 SCC 560 and if settlement is made at subsequent stage the consequences as envisaged in Damodar S. Prabhu (2010) 5 SCC 663 shall be enforced. Complainant is directed to file PF and take steps within 30 days including providing copy(ies) of complaint otherwise the complaint may be dismissed U/s 204(4) Cr. P.C. (UDBHAV KR. JAIN) MM­04(NI ACT)/PHC/NDD/18.03.2021