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Showing contexts for: freight forwarder in 1. M S Jsb Cargo And Freight Forwarder ... vs 1. State & Anr. on 20 December, 2021Matching Fragments
ANU MALHOTRA, J
1. The petitions bearing CRL.M.C. No.2663/2021 and Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:20.12.2021 17:10:51 digitally signed by PS to HMJ ANU MALHOTRA.
CRL.M.C.No.2730/2021 are being taken up together as they assail the consolidated order dated 21.09.2021 of the learned Metropolitan Magistrate (NI Act), Digital Court-01, PHC/New Delhi in CC No.CC NI Act 12-20 titled as "SAVITA SURYAVANSHI Vs. M/S JSB CARGO AND FREIGHT FORWARDER PVT LTD" and in CC No.CC NI Act 100-20 titled as "SUNEEL SURYAVANSHI Vs. M/S JSB CARGO AND FREIGHT FORWARDER PVT LTD".
2. The petitioners herein i.e. M/S JSB CARGO AND FREIGHT FORWARDER PVT. LTD. i.e. the petitioner no.1 of whom Mr.Vipin Tondak and Mrs.Kunti Devi arrayed as the petitioner nos.2 & 3 thereof are stated to be the directors thereof as per the complaints i.e. CC NI Act 12-20 and CC NI Act 100-20 filed by the respondent before the learned Trial Court under Section 138 r/w Section 142 of the NI Act, 1881 were summoned as co-accused therein.
54. In view thereof, the impugned order dated 21.09.2021 of the learned Metropolitan Magistrate (NI Act), Digital Court-01, PHC/New Delhi in CC No.CC NI Act 12-20 titled as "SAVITA SURYAVANSHI Vs. M/S JSB CARGO AND FREIGHT FORWARDER PVT LTD"
and in CC No.CC NI Act 100-20 titled as "SUNEEL SURYAVANSHI Vs. M/S JSB CARGO AND FREIGHT FORWARDER PVT LTD is set aside with the matter being remanded back to the learned Trial Court to dispose of the application under Section 143A of the NI Act, 1881 filed by the complainants of the said complaint cases seeking interim compensation from the accused after invocation of Section 294 of the Cr.P.C., 1973 and considering the submissions that are made by the petitioner in response to the applications under Section 143A of the NI Act, 1881 and taking into account that vide this verdict it is categorically held to the effect that the provision of Section 143A of the NI Act, 1881 is directory in nature and not mandatory.