Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 16 CC NI ACT / 4661/2025 PURUSOTTAM SAHU Vs. ABHISHEK AGGARWAL
Proceedings are being conducted through Video Conferencing on Cisco Webex platform using the URL Link
https://districtcourtdelhi.webex.com/meet/ninewdelhi1
19.09.2025
The undersigned is looking after the work of two link courts.
Present: Mohd. Mohsin Raja, Ld. Counsel for complainant alongwith complainant through VC.
None for proposed accused.
Ld. Counsel for complainant submits that tracking report along with certificate and print out of e-
mail have been e-filed, as per which the notice has been served to proposed accused through e-mail.
Proposed accused has failed to appear despite service.
Arguments on the point of cognizance heard.
1. I have perused the complaint, pre-summoning evidence by way of affidavit of the complainant
and the documents relied upon by the complainant. The present complaint has been filed within the
limitation/extended period of limitation (In Re Cognizance for Extension of Limitation dated 08.03.2021 (Suo
Moto Writ Petition (Civil) No.3/2020 and miscellaneous application No. 665/2021) and is within the jurisdiction
of this Court. The complaint and the original documents have been submitted to the Ahlmad for safe custody. The
documents have been identified today in accordance with the pre-summoning evidence by way of affidavit.
2. In light of the decision of the Hon'ble Supreme Court in A.C. Narayanan v. State of Maharashtra
& Anr. (2014) 11 SCC 790, Full Bench, examination of the complainant upon oath for issuance of process is a
matter of discretion of the Magistrate. In the considered opinion of this Court, there is no need to examine the
complainant for the purpose of issuance of process. There is sufficient material before this Court to proceed
against the accused. I hereby take cognizance of the offence under Section 138 of the NI Act.
3. Accordingly, issue summons to accused Abhishek Aggarwal for being the drawer and signatory
to the impugned cheque(s). The summons are to be sent upon filing of PF/RC within one month from today,
returnable on NDOH. The complainant is directed to file metadata form before filing of PF. The process server is
directed to serve the summons by way of affixation, if premises are found locked or same could not be served
personally or on any adult male member. To expedite service, the complainant is at liberty to serve the summons
through speed post/approved courier, subject to filing internet generated tracking report of service on the next date
of hearing. The complainant may also send summons through email and WhatsApp to the accused and file the
requisite affidavit of service along with Certificate u/S 65B Evidence Act on the next date of hearing.
4. As per the guidelines laid down in Damodar S Prabhu Vs. Sayed Baba Lal H, AIR 2010 (SC)
1907, Ahlmad is directed to make a mention on the summons issued against the accused (by adding separate
sheet, if required) that “accused can make a 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 costs on the accused”.
5. The Ahlmad is directed to mention the official email id of the Court, the URL link as well as the
permanent meeting number of video conferencing through CISCO Webex platform, on the form for issuance of
summons. Complainant is directed to file PF and provide copies of the complaint and other necessary documents,
within one month from today, failing which the complaint may be dismissed under Section 204(4), CrPC.
6. Renotify for appearance of the accused/furnishing of bail bonds/ consideration on Notice under
Section 251, CrPC on 20.02.2026.
7. The summons must accompany the copy of the complaint along with other supporting documents
and the complainant will file the proof of the copy being supplied to the accused before this court on the NDOH.
(Shivangi Vyas)
JMFC, (NI Act), Digital Court 01
PHC, New Delhi/
19.09.2025
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