Delhi District Court
Oravel Stays Private Limited vs . Abhinav P S Chauhan on 30 July, 2021
CC NI ACT 350-20 ORAVEL STAYS PRIVATE LIMITED Vs. ABHINAV P S CHAUHAN 30.07.2021 Proceedings conducted through video conferencing on Cisco Webex platform using the URL link https://delhidistrictcourts.webex.com/meet/ninewdelhi1. Present: Ld. Counsel for complainant, Sh. Mudassar Khan. 1.
I have perused the complaint, Letter of Authority in favour of the substituted AR of the complainant and pre-summoning evidence by way of affidavit of the substituted 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, Abhinav P S Chauhan for being the proprietor of the drawer of the impugned cheque and authorized signatory of the impugned cheque. The summons are to be sent upon filing of PF/RC within 03 weeks from today, returnable on 28.10.2021. The complainant is directed to file metadata form before filing of PF. The process server is directed to serve the summons by way of Digitally signed by JYOTI JYOTI MAHESHWARI MAHESHWARI Date: 2021.07.30 15:28:40 +0530 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, subject to filing internet generated tracking report of service on the next date of hearing. The complainant may also send summons through email and WhatsApp to the accused and file the requisite affidavit of service along with Certificate u/S 65B 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 03 weeks from today, failing which the complaint may be dismissed under Section 204(4), CrPC.
Renotify for appearance of the accused/furnishing of bail bonds/ consideration on Notice under Section 251, CrPC on 28.10.2021.
Digitally signed by JYOTI MAHESHWARIJYOTI MAHESHWARI Date:
2021.07.30 15:28:45 +0530 (JYOTI MAHESHWARI) MM (NI Act), Digital Court-01 PHC/New Delhi/30.07.2021