Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: (Garima Garg)
JMFC(NI Act)-08,
Central/ THC/ Delhi/21/08/2026
74 CC NI ACT / 1483/2026
BANSAL CREDITS LIMITED Vs. PRASHANT
21.08.2026
Present: Ld. Counsel for the complainant.
Matter is listed for arguments on cognizance.
Affidavit in terms of the judgment in case "HDFC Vs Amit Kumar" in AIR 2010
(NOC) 407 (DEL.) filed. Taken on record.
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 Prashant 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 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
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(Garima Garg)
JMFC(NI Act)-08,
Central/ THC/ Delhi/21/08/2026
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.
Considering the cheque amount, let the matter be referred to the National Lok
Adalat to be held on 12/09/2026.
File be placed before Ld. PO, Special Lok Adalat, well within time.
Ahlmad is directed to issue summons within 15 days from today upon filing of
PF.
If not settled, Put up for appearance of accused/ bail proceedings / further
proceedings on 17/03/2027.
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