CC No.

37323/16, 37315/16, 37316/16, 37324/16, 37320/16,

37317/16, 38161/16, 38162/16, 37319/16, 37321/16 and 37322/16
M/s. Agro Life Science Corporation Vs. ___________

11.04.2019
File has been received by way of transfer vide circular number
19/DHC/Gaz./G-7/VI.E.2(a)/2019 dated 05.04.2019 of Hon'ble High
Court of Delhi. It be checked and registered, as per rules.

Present: Sh. Manoj Kumar, AR for the complainant company along

with Ld. Counsel for the complainant.

Heard. Case file is perused.

On the basis of the complaint, documents annexed and
submissions made by the Ld. Counsel for the complainant, this court
has jurisdiction to try the present matter and it is well within limitation. I
hereby take cognizance for the offence punishable under section 138
N.I. Act. Now the matter shall proceed for pre summoning evidence of
the complainant.
The complainant has examined CW-1 Sh. Manoj Kumar
(AR) in pre-summoning evidence. He has tendered his affidavit Ex.
CW-1/A in his evidence. AR of the Complainant submits that he wishes
to close the pre summoning evidence. In that regard, his statement is
separately recorded. Accordingly, the PSE stands closed.
Arguments on the point of summoning heard. Complaint and
documents tendered in the evidence of the complainant have been
perused.
All the statutory requirements for summoning of the accused
for the commission of offence punishable U/s 138 NI Act have been
complied with. The present complaint case has been filed within the
statutory period of limitation and this court has the territorial jurisdiction
to adjudicate the present matter. After perusal of the entire record, this
Court is of the considered opinion that there is sufficient ground for
proceeding against the accused for the offence punishable u/s 138 of
NI Act.
Accordingly, issue summons to the accused on filing of
PF/RC/AD/speed post, returnable on 13.08.2019.
Steps be taken within a week from today.
Copy of tracking report of summons by way of speed
post/authorized courier to the accused, as a proof of his service, along
with a certificate under Section 65-B Indian Evidence Act be filed on
the NDOH.
As per the guidelines laid down in the case titled as Damodar
S. Prabhu Vs. Sayed Babalal H. AIR 2010 SC 1907, Ahlmad is directed
to make a mention on the summons issued against the accused that
“accused can make an application for compounding of the offence at
the first and second date of hearing of the case.”

(Shruti Chaudhary)
Metropolitan Magistrate (NI Act)-02 Patiala House Courts
New Delhi/11.04.2019