Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 159 CC NI ACT / 2031/2025 SERVIQUO SYSMTEM PVTL TD
THROUGH AR RAJAT GUPTA Vs. UNIVERSAL
ENTERPRISES
12.11.2025
There is pendency of more than 21,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
Present : Ms. Suruchi Yadav, Ld. Counsel for complainant alongwith
AR.
Matter is listed for appearance of proposed accused in terms
of proviso section 223 (1) of BNSS.
Fresh vakalatnama filed on behalf of the complainant. Same
is taken on record.
Tracking report filed by the Ld. counsel for complainant.
It appears that the proposed accused is deemed to have been
served on 27.10.25 as the legal demand notice was served on the same
address.
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. 137889
was issued on 23.10.24. The same was returned on 20.11.24 when it was
presented against for the third time with the comment ‘kindly contact
drawer bank and present again’. The legal demand notice was sent on
11.12.24 (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 19.12.24.
The present complaint came to be filed on 01.02.25. The same appears to be
within the period of limitation.
Ld. Counsel for complainant submits that Nikhil Pandey is
the proprietor of Universal Enterprises.
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
Nikhil Pandey (Prop. of UNIVERSAL ENTERPRISES), for offence
punishable under Section 138 N. I. Act. I hereby summon the said accused
person.
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
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complainant. The complainant is at liberty to get the summons served
through all permissible modes including electronic and dasti.
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 12.12.2025.
Today, Ld. Counsel for complainant has furnished a fresh
address of the accused in terms of his Government issued ID card.
Let an amended memo of parties be filed by Ld. Counsel for
complainant reflecting the same as an alternate address of the accused for
further coercive measures, if the need arises.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/12.11.2025
1 (2010) 5 SCC 663
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