Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: In this case, the Complainant has given a reasonable explanation showing sufficient
cause for delay in filing the complaint. Nothing on record shows that there was negligence on the
part of the Complainant or that the delay lacks bonafide. Further, the discretion must be exercised
by this court in positive manner to further the cause of justice.
Keeping in view the facts and circumstances of the case, the application filed on
behalf of the Complainant seeking condonation of delay in filing the present complaint case is
allowed. Thus, the delay in filing the present complaint is hereby condoned. Application stands
disposed of accordingly.
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.
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 24.04.2025.
(Navdeep Gupta)
JM1stC (NI Act), East/ KKD,Delhi/09.01.2025
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