Order 3

Order Details: COPY OF ORDER
Pdf Text: 24 CC NI ACT / 981/2025 ANIL KUMAR Vs. SURESH
KUMAR
23.09.2025
There is pendency of more than 19,000 cases in the present court, therefore,
it is not possible to give shorter date in the cases.
Present : Sh. Sandeep Kumar, Ld. Counsel for complainant
alongwith complainant.
Matter is listed for appearance of proposed accused
in terms of proviso section 223 (1) of BNSS.
Tracking report filed by the Ld. counsel for
complainant.
It appears that the proposed accused has been served
on 13.09.25.
Since the proposed accused has failed to enter
appearance and put forth submissions on the point as to why
cognizance should not be taken against him in the instant
prosecution at hand, this court shall proceed with issuance of
summons.
It is clarified that one effective opportunity has
already been given to the proposed accused and the requirement
of serving the proposed accused with a notice prior to taking
cognizance u/s 138 NI Act has been successfully complied with.
A perusal of the file reveals that cheque bearing no.
030576 was issued on 18.11.24. The same was returned on
19.11.24 with the comment ‘funds insufficient’. The legal
demand notice was sent on 04.12.24 (the day on which the return
memo is received is excluded for the purposes of calculating the
period of limitation for sending the legal demand notice within
30 days). The legal demand notice was delivered on 05.12.24.
The present complaint came to be efiled on 13.01.2025. The
same appears to be within the period of limitation.
Pre-summoning evidence by way of affidavit and
other annexed documents perused. This court finds sufficient
material to proceed ahead with the case at hand. I take
cognizance of the offence punishable u/s 138 NI Act.
Following the law laid down in
A. C. Narayanan
Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint,
pre-summoning evidence by way of affidavit and other
documents considered. In view of the same, there are sufficient
grounds for proceeding further against accused person namely
Suresh Kumar, for offence punishable under Section 138 N. I.
Act. I hereby summon the said accused person.
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Ahlmad is hereby directed to issue summons
against the accused persons on filing of P.F./R.C./Approved
Courier as well as through e mail ID and whatsapp number of
accused persons on furnishing of the correct e mail ID and
whatsapp Number of the accused persons by the complainant.
Ld. Counsel for the complainant is also directed to
fill up the online META Data form at the time of filing of first
process fee as mandated by the SOP issued by the Hon’ble High
Court of Delhi. Proof of service/tracking report be filed and
updated in the digital file on or before the next date of hearing.
Any previous correspondence between the parties on the same
email, whatsapp or phone number to be filed along with the
tracking report.
The process server is directed to serve the summons
by way of affixation in terms of section 65 CrPC (section 67 of
BNSS, 2023), if premises found closed or same could not be
served personally or on any adult male member.
Further, the complainant is to file an affidavit to the
effect that the service of summons has been effected via e mail
and/or whatsapp number of the accused. The affidavit is to be
annexed along with certificate u/s 65 B of Indian Evidence Act
(section 63 of BSA, 2023). A digital copy of screenshot of such
service be necessarily attached with a report on summons.
As per the guidelines laid down in Damodar S.
Prabhu Vs. Sayyed Baba Lal H1, Ahlmad is directed to make a
mention on the summons issued against the accused 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 cost on the accused.”
The Ahlmad is directed to mention the official
email Id and video conferencing link of this Court on the
summons. Complainant is directed to file PF and take steps
within 2 weeks including providing copy(ies) of complaint.
Matter be fixed for appearance of accused and framing of notice
on 28.11.25.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/23.09.2025
1 (2010) 5 SCC 663
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