Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27 CC NI ACT 2996/2025
Drona Industries Pvt Ltd Vs. Ravinder Kumar
23.07.2025 at 12:40 p.m.
Present: Sh. Rakshit Gupta, Ld. Counsel for the complainant. (through VC)
None for the accused.
Notice issued against accused received back with the report ‘locked’. Hence,
deemed served. However, no one has appeared on behalf of the accused despite repeated calls since
morning.
Accordingly, right of the accused to show cause against why cognizance should not
be taken against him is closed.
Arguments on cognizance heard on behalf of the complainant.
I have gone through the entire record including the complaint and the documents. It
is alleged that accused has executed the cheque in question in favour of the complainant to discharge
his liability which got dishonored due to insufficient funds. Therefore, demand notice was sent to the
accused by the complainant. Despite service/ deemed service of said notice, accused has failed to
make the payment as per provisions of law. Complaint is filed within the prescribed period of
limitation. In my considered opinion, prima facie there is sufficient material available on record to
summon the accused.
The counsel for the complainant requests that the pre-summoning may be carried
out in absence of AR of the complainant in terms of the dictum of A C Narayanan judgment. She/He
further submits that dictum of A C Narayanan is also applicable to complaints.
Complaint, affidavit of evidence and documents considered in light of above cited
judgment. In opinion of this Court, there is no need to examine the complainant for purpose of
issuance of process. In view of complaint, documents produced and verification in the form of
affidavit of evidence, there are sufficient grounds for proceeding further against accused person(s)
for offence punishable u/s 138 of NI Act, 1881.
Hence, accused/s be summoned through all permissible modes for offence u/s 138
of NI Act, 1881 on filing of PF/RC within two weeks. In the event the house/office/premises is
found to be locked/refusal to accept the service/any other contingency the process be served through
affixation.
Put up for appearance of accused on 18.11.2025.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
23.07.2025
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