Final Order 1

Order Details: COPY OF ORDER
Pdf Text: CC NI Act 16422/2025
Tata Power DDL Vs. Safar India Travels
08.01.2026
File taken up today on an application for preponement and withdrawal of the present
complaint on account of the matter being compounded.
Present: Sh. Surender Kumar, AR of the complainant in person.
None for accused.
This is an application for preponement and withdrawal of the present
complaint on account of the matter being compounded.
Application heard. Perused. Considered. The same is allowed.
This is complaint for offence punishable under Section 138 N. I. Act. It
is a fresh complaint. It be checked and registered.
File perused. All the statutory requirements under NI Act are complied
with. After perusal of the entire record, this court is of the considered opinion that
prima facie case punishable u/s 138 of NI Act is made out against the accused.
Cognizance of the same is taken.
Perusal of case file reveals that cheque in question was presented for
encashment and was returned dishonored vide return memo. Accused has failed to
make payment within the legally prescribed period despite the service of legal
demand notice upon him. The complaint is within the territorial jurisdiction of this
court and is within limitation. Enquiry u/s 225 BNSS conducted by scrutinizing
documents.
Arguments on summoning heard. Following the law laid down in A.C.
Narayanan Vs. State of Maharashtra & Anr. (2024) 11 SCC 790, complaint,
evidence by way of affidavit and documents considered. In view of complaint,
documents produced and verification in the form of affidavit there are sufficient
grounds for proceeding further against the accused for offence punishable u/s 138 NI
Act.
Issue summons to the accused, on filing of PF within three months,
through all modes.
-- 1 of 2 --
Complainant is directed to supply the soft copy of complaint and
documents to the accused well in time.
In case of online service, complainant is directed to file requisite
affidavit with contact details of the accused and certificate U/s 63 BSA to show due
service through online mode. Complainant is directed to file proof of service.
Put up for appearance of accused/ framing of notice/furnishing of
surety on 13.03.2026.
AT 02:00 P.M.
Present: Sh. Surender Kumar, AR of the complainant in person.
None for accused.
At this stage, complainant side submits that the matter has been
compounded by them qua cheque in question and they want to compound and
withdraw the present complaint before this Court. Let, statement of complainant side
be recorded accordingly.
Submissions of complainant side and statement of A.R of complainant
considered. Compounding appears to be voluntarily made, equitable and there
appears to be no legal impediment in implementing/allowing the same.
Accordingly, compounding allowed.
Hence, matter stands compounded between both side for offence
punishable under Section 138 N. I. Act.
Accused person(s) stands acquitted.
Earlier date if any stands cancelled.
Documents, if any, be released to rightful claimant as per rules. P/B
and S/B, if any stands discharged.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/08.01.2026
-- 2 of 2 --