Delhi District Court
Apex Court'S Verdict In "A.C. Narayanan vs . State Of Maharashtra & Anr." (2014) 11 ... on 10 June, 2022
21
CC NI ACT/1334/2022
DLNW020111402022
METRO UDYOG
Vs.
YASHIKA IMPEX
Proceedings conducted online through video conferencing using CISCO WEBEX software.
10.06.2022
Present: Ld. Counsel for complainant.
Ld. counsel is not clearly audible and therefore is directed to rejoin at 11:30 AM.
(Ritika Kansal)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/10.06.2022
At 11:44 AM.
Present: Sh. Yash Kumar Rajput, Ld. Counsel for complainant.
Ld. Counsel for complainant submits that the court staff refused to take the original
documents. Ld. counsel further submits that since the previous order has not been uploaded, he is
unaware of the direction and therefore could not comply with the same.
Heard.
Ld. counsel has been apprised with the directions passed in the order dated 05.05.2022.
Previous order dated 05.05.2022 is not uploaded on CIS.
PA is directed to do the needful during the course of the day and is warned to be careful
in future.
Arguments on summoning heard.
Let the previous order be complied with.
Ld. counsel seeks time till 2 PM for the compliance.
At request for Ld. Counsel for complainant put up at 2 PM.
(Ritika Kansal)
(MM(NI) Digital court02)
NorthWest, Rohini
New Delhi/10.06.2022
RITIKA Digitally
signed by
KANSAL RITIKA KANSAL
At 2:00 PM.
Present: Sh. Yash Kumar Rajput, Ld. Counsel for complainant.
Ld. Counsel submits that original documents have been deposited. Reader-cum-Ahlmad
is directed to keep the same in safe custody.
Ld. Counsel for complainant submits that he has filed an affidavit of non filing
physically.
The said affidavit is not available with undersigned for perusal.
Ld. counsel for complainant submits that complainant has not filed any other case u/s
138 of NI Act against the same accused in any other court of law.
A separate statement of Ld. counsel has been recorded by sharing the CISCO Webex
screen. PA is directed to send the digitally signed pdf copy of the statement to the ld. counsel at the
email id provided by him.
Let the signed statement be filed before NDOH.
Reader-cum-Ahlmad is directed to tag the same with the digital file.
Arguments on summoning already heard.
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 far as examination of complainant under 200 CrPC is concerned, as per Hon'ble Apex Court's verdict in "A.C. Narayanan Vs. State of Maharashtra & Anr." (2014) 11 SCC 790 contained in its paragraph no 26(iv), it is not obligatory upon the magisterial court to examine the AR of 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 no. 2 (be proprietor of the Yashika Impex) to appear through video conferencing on filing of P.F./R.C./Approved Courier well as through all RITIKA Digitally signed by KANSAL RITIKA KANSAL permissible mode returnable on for 08.08.2022. 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 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.
To expedite the service of summons, dasti copy is allowed to Ld. Counsel for complainant.
4. Directions:
4.1. Directions To complainant:
1. 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.
2. To file PF and steps to be taken on or before 30.06.2022 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.
3. To file tracking report of summons sent through speed post/ registered post on record on before NDOH.
4. Complainant is directed to be present on NDOH through Video Conferencing. 4.2. Directions To Reader-cum-ahlmad:
Send along with summons following documents:
1.copy of this order.
2. copy of the present complaint;
3. and all other documents (including PSE of complainant, if any) annexed with complaint.
4. Mention the official email id and permanent video conferencing link /meeting number of this Court on the summons.
RITIKA Digitally signed by KANSAL RITIKA KANSAL
5. Reader cum Ahlmad is further directed to send the e-copy of summons to the Nazarat Brach for electronic service of summons.
6. 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
(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.
3. 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:
1. Accused is directed to appear before this court on 08.08.2022 through video-conferencing on the Cisco Webex application through the permanent Cisco Webex VC Room ID https://delhidistrictcourts.webex.com/meet/ninorthwest2 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 08.08.2022 at 10.00 A.M. Digitally Order be uploaded on CIS as per rules. RITIKA signed by KANSAL RITIKA KANSAL (Ritika Kansal) (MM(NI) Digital court02) NorthWest, Rohini New Delhi/10.06.2022