Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: (Garima Garg)
JMFC(NI Act)-08,
Central/ THC/ Delhi/09/09/2026
94 CC NI ACT / 6053/2025
Bansal Credits Ltd Vs. Balak Ram
09.09.2026
Present: AR for the complainant (through VC).
Ld. Counsel for the complainant.
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.
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 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 event of non-availability
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(Garima Garg)
JMFC(NI Act)-08,
Central/ THC/ Delhi/09/09/2026
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 28/04/2027.
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