Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: (Garima Garg)
JMFC (NI Act)-08,
Central/ THC/ Delhi/07.10.2026
59 CC NI ACT / 3608/2025
Akara Capital Advisors Private Limited Vs. BHAGABAN SWAIN
07.10.2026
Present: Sh. Sunil Kumar, Ld. Proxy Counsel for the complainant (through VC).
Matter is listed for arguments on cognizance.
Original complaint alongwith documents has already been filed. The same has been
confirmed by the Reader of this court. Be taken on record.
In light of the judgment tiled as ‘Sanjabij Tari Vs Kishore S. Borkar & Anr.’ Crl.
Appeal no. 1755 of 2010 passed by the Hon’ble Supreme Court on 25/09/2025, the requirement
of issuing notice u/s 223 of the BNSS and hearing the proposed accused on arguments on
cognizance is dispensed with.
Complaint, affidavit of evidence and the documents on record have been perused.
The present complaint has been filed under section 25 of The Payment and
Settlement Systems Act, 2007 read with Section 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 under section 25
of The Payment and Settlement Systems Act, 2007.
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 25 of The Payment and Settlement Systems Act, 2007.
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(Garima Garg)
JMFC (NI Act)-08,
Central/ THC/ Delhi/07.10.2026
Accordingly, let summons be issued to accused 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 the 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.
Summons be given dasti for service.
Put up for appearance of accused/ bail proceedings / further proceedings on
27/05/2027.
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