Order 3

Order Details: COPY OF ORDER
Pdf Text: On consideration of the complaint, annexed documents and
the verification affidavit of the complainant, this Court is of the opinion
that prima facie there are sufficient grounds for proceeding against the
accused mentioned, I hereby take cognizance of the offence under
Section 138, Negotiable Instruments Act, 1881. There is no requirement
for examination of the complainant or witnesses for purpose of issuance
of process in view of the above-mentioned directions of the Hon’ble
Apex Court and Hon’ble Delhi High Court. In terms of inquiry conducted
under Section 202 CrPC, all the statutory requirements have been
complied with. The complaint is filed within the period of limitation as
prescribed under Section 142(1)(b) of the NI Act.
Let accused Pooja Shukla, proprietor of M/s Shree Shyam
Creations be summoned on filing of pf, rc/ speed post/ approved courier
service/e-mail within 30 days for NDOH.
Complainant is directed to place the tracking report of
summons sent through speed post on record on the next date. 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 in
terms of Section 65, CrPC.
As per the guidelines laid down as in the case titled as
Damodar S. Prabhu Vs. Sayed Babalal H, AIR 2010 (SC) 1907, Ahlmad
is directed to make a mention on the summons issued against the accused
(by adding separate sheet, if required) that “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.”
Relist the matter for FP on 21.03.2026.
(Ravisha Sidana)
JMFC, NI Act-06,
Central District, THC
04.10.2025
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