Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 28
CC NI ACT / 1649/2024
Sanjeev Jain Vs. Harsimrat Enterprises 0000/2024
21.08.2025
Ld. P. O. is on leave today.
Present: Sh. Avdhesh Singh, Ld. Counsel for the complainant through VC.
None for proposed accused.
Notice issued to the proposed accused received back duly served.
However, he remains absent despite service.
It appears that the proposed accused has no objection if
cognizance is taken against present complaint.
Compliance under first proviso of Section 223 of BNSS is duly
done.
Arguments heard on the point of summoning.
Record of the file perused. Following the law laid down in A. C.
Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC 790 and in view of
complaint; documents produced with respect to return of cheque on
dishonourment and service of legal demand notice; and verification in the
form of affidavit of evidence, there are sufficient grounds for proceeding
further against accused for offence punishable under Section 138 NI Act.
Let summons be issued to the accused on filing of PF/RC/AD/
speed post, returnable on next date. Complainant is directed to file PF and take
steps within one month including providing copy(ies) of complaint and related
documents. Ahlmad is directed to issue the summons only after ensuring that
the same has been done. The complainant is also apprised of the fact that at the
time of filing first PF, he is required to fill the mandatory NI Act Complaint
Meta Data.
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Service be also effected on the email, WhatsApp message(s) and
text message of accused person(s), as provided by the complainant and further
subject to filing of report of service.
As per the guidelines laid down in the case titled as Damodar S.
Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663, the accused is at liberty to
file an application for compounding of the offence on the first or second date
of hearing itself without imposition of cost. However, failure to do the same
and seeking compounding at a later stage will entail a cost of 10% of the
cheque amount. Same be mentioned on the summons.
Put up for appearance of accused, grant of bail and framing of
notice on 08.01.2026.
(Shruti Saraswat)
RJMFC, East/KKD,Delhi/ 21.08.2025
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