Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: (Nitika)
JMFC / Digital Court – 04 (NI Act)
Central / Delhi /13.05.2025
46 CC NI ACT / 2646/2025
Kafal co operative society Urban Thrift Credit Society Ltd Vs. Manoj Kumar
Proceedings conducted through Video Conferencing via CISCO Webex app as well as through
Hybrid Mode.
13.05.2025
Present: Sh. Vipin Raturi, Ld Counsel for the complainant.
None for the accused.
Notice issued against the proposed accused received back with the report ‘served
upon the daughter of the proposed accused’ who undertook to inform the proposed accused.
None is appearing on behalf of proposed accused since morning despite repeated
calls.
Tracking report filed on behalf of the complainant.
Perusal of tracking report further reveals that notice has been duly served upon
the proposed accused. Despite due service, proposed accused has failed to enter appearance
before the Court.
Sufficient opportunity has been granted to the proposed accused in terms of
Section 223 of the BNSS, 2023.
Submissions heard on the aspect of the cognizance and summoning.
The present complaint has been filed u/s 138 NI Act. Record of the file perused.
All the statutory requirements u/s 138 NI Act have been complied with. Perusal of the entire
record including the complaint and the annexed documents shows that prima facie case u/s 138
NI Act is made out. The present complaint is well within the period of limitation.
I, therefore, take cognizance of the present offence u/s 138 NI Act.
Arguments heard on the point of summoning. Following the law laid down in
A.
C. Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC 790, the complaint, affidavit of
evidence and documents considered. In view of the complaint, documents produced and
verification in the form of affidavit of evidence, there exist sufficient grounds for proceeding
further against the accused person for the offence punishable under Section 138 NI Act.
Let summons be issued to the accused on filing of PF/RC/AD/speed post, within
30 days, returnable for the next date of hearing.
Summon be also served through e-mail, whatsapp and text message, on all the
addresses provided by the complainant. Service effected by the complainant be subject to
filing of report of service.
In case the service is not possible due to the premises being locked, or due to
unavailability or refusal, the process server is directed to serve the summons by way of
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(Nitika)
JMFC / Digital Court – 04 (NI Act)
Central / Delhi /13.05.2025
Affixation and file a photograph of the affixed summons clearly indicating the place where
they are fixed in a manner which shows that the affixation has been done on the given address,
as best possible.
Complainant is directed to file PF and take steps within thirty days including
copies of complaint and relating documents. Ahlmad is directed to issue the summons only
after ensuring that the same has been done. The complainant is further apprised of the fact that
at the time of filing of first PF, the complainant is required to fill the mandatory NI Act
complaint Metadata.
As per the guidelines in the case of
Damodar S. Prabhu Vs. Sayed Babulal H.;
(2010) 5 SCC 663, Ahlmad is directed to mention the following 2 clauses on the summons
issued against the accused (by adding separate sheet, if required) :
“A. Accused can make an application for compounding of the offence at
the first and second hearing of the case and if such an application is made,
compounding may be allowed by the Court without imposing any costs
on the accused.
B. If the accused does not make an application for compounding as
aforesaid, then if an application for compounding is made before the
court at a subsequent stage, compounding can be allowed subject to the
condition that the accused will be required to pay 10% of the cheque
amount to be deposited as a condition for compounding with the District
Legal Services Authority.”
Ahlmad is directed to mention the official email ID and video conferencing link
of this court on the summons. Complainant is directed to file PF and postal envelops physically
mentioning the details of the case etc. for issuance of summons to the accused. Ahlmad is
further directed to preserve PF form, service report, postal courier envelops and scanned copy
thereof on LAYERS.
Accused is directed to appear before this court physically alongwith Ld. Counsel
in Room No.110, Extn. Block building, Tis Hazari Court, at 10.00 am sharp or through Video
Conferencing on the CISCO Webex application to the permanent CISCO Webex Video
Conferencing room ID : 25151759834. Complainant is also directed to appear before the court
physically alongwith Ld. Counsel or through video conferencing. Parties can access
information pertaining to working of Digital NI Act courts through the link 25151759834.
Put up for appearance, grant of bail and framing of notice u/s 251 Cr.P.C on
17.10.2025.
Date is given as per convenience of the party.
Order be uploaded as per rules.
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