Order 4

Order Details: COPY OF ORDER
Pdf Text: 38 CC NI ACT / 2340/2025 Abhisek Gupta Vs. Saurabh Singh
09.10.2025
There is pendency of more than 20,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
Present : Sh. Nischay, Ld. Counsel for complainant through VC.
Matter is listed for compliance at the instance of the complainant.
On the LDOH, Ld. Counsel for complainant had stated that the accused is
languishing in J/C in FIR No. 184/24 PS Con. Place. He was directed to give further details
as to the lodgment of the accused in J/C in order to issue P/Ws for his appearance.
Ld. Counsel for complainant stated that the accused has been admitted to
bail in which he was languishing in J/C.
In terms of the judgment of the Hon’ble Supreme Court, the issuance of
notice to the proposed accused at the stage of pre cognizance is dispensed with.
A perusal of the file reveals that cheque bearing no. 000004 was issued on
04.10.24. The same was returned on 11.12.24 with the comment ‘payment stopped by
drawer’. The legal demand notice was sent on 08.1.25 (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 deemed to have been
delivered on 09.01.25. The present complaint came to be efiled on 15.02.25. 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 Saurabh Singh, 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 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 H6, 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 4 weeks including providing copy(ies) of complaint. Matter be fixed for
appearance of accused and framing of notice on 20.01.2026.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/09.10.2025
6 (2010) 5 SCC 663
-- 1 of 1 --