Order 2

Order Details: COPY OF ORDER
Pdf Text: (Garima Garg)
JMFC(NI Act)-08,
Central/ THC/ Delhi/21/07/2026
74 CC NI ACT / 899/2026
Rohit Vasdev Vs. Malkhan Singh Kushwah
21.07.2026
Present: Complainant in person.
Ld. Counsel for the complainant (through VC).
Matter is listed for recording of settlement / arguments on cognizance.
As per submission of the complainant, no settlement was arrived at due to non
appearance of the proposed accused.
Accordingly, the matter shall now proceed on merits.
As per CIS record, the date of e-filing of the present complaint is 08/01/2026.
Complaint, affidavit of evidence and the documents on record have been perused.
The present complaint has been filed u/s 138 of Negotiable Instruments Act, 1881. Complaint,
affidavit of evidence and other documents annexed with it perused. In view of the averments made
in the complaint, this court has territorial jurisdiction to entertain the present complaint. In terms
of inquiry conducted u/s 202 Cr. P.C, all the statutory requirements have been complied with.
Prima facie, there is sufficient material on record to proceed further with the matter.
Accordingly, this court takes cognizance of the said offence punishable u/s 138
N.I. Act.
Arguments on the point of summoning heard.
Following the law laid down in A.C. Narayanan Vs. State of Maharashtra (2014)
11 SCC 790, complaint, affidavit of evidence and other annexed documents considered.
Accordingly, there is no need to examine the complainant for the purpose of issuance of process.
After perusal of the entire record, the court is of the considered opinion that
there are sufficient grounds for proceeding against accused for the commission of offence under
Section 138, Negotiable Instruments Act, 1881.
Accordingly, let summons be issued to accused Malkhan Singh Kushwah through
speed post/approved courier on filing of PF, RC within 15 days from today. Service of E-
summons be also affected through Email and Whatsapp provided the complainant files an
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(Garima Garg)
JMFC(NI Act)-08,
Central/ THC/ Delhi/21/07/2026
affidavit to the effect that email ID and whatsapp number on which the said message(s) is /are
sent is of the accused person and further subject to filing of the report of service. Proof of
service/tracking report be filed on or before next date of hearing. The process server is also
directed that in the event of non-availability of the accused or house/office/premises is found to
be locked or accused refuses to accept the service, the process be served through affixation.
Reader cum Ahlmad is directed to make an endorsement on the summons that if
the accused makes an application for compounding of offence at the first or second hearing, the
Court may pass appropriate orders at the earliest as per the judgment of the Hon'ble Supreme
Court in Meters and Instruments Pvt. Ltd. v. Kanchan Mehta (2018) 1 SCC 560 and if settlement
is made at a subsequent state, the consequences as envisaged in Damodar S. Prabhu vs Sayed
Babalal (2010) 5 SCC 663 shall be enforced.
The Reader cum Ahlmad is also directed to mention the official e-mail id and
video conferencing link of this court on the summons. The Reader cum Ahlmad is directed to
send the copy of e-summons along with the copy of the digital case file to the Nazarat Branch to
effect service of e-summons via Email and Whatsapp. Nazarat Branch is directed to file report
regarding service of summons before the NDOH.
Summons be given dasti for service.
Put up for appearance of accused / further proceedings on 05/12/2026.
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