Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24 CC NI ACT / 2554/2024 NIKHIL BIYANI Vs. UPENDRA
CHAURASHIYA / ()
20.05.2025
The undesigned is also working as Link JMFC.
Present: Ld counsel for complainant.
None for proposed accused.
Ld counsel for complainant submits that no further payment has been received from
proposed accused.
None has appeared on behalf of proposed accused despite repeated calls.
Accordingly, right of proposed accused to make submissions on point of summoning in terms of
provision u/s 223 BNSS stands closed.
Arguments heard on the point of summoning.
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 10.09.2025.
(Navdeep Gupta)
JMFC ( NI Act), East/ KKD,Delhi/20.05.2025
-- 1 of 1 --