Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 69 CC NI ACT / 5544/2025 hero fincorp ltd Vs. Ashok /0 (Connaught Place)
70 CC NI ACT / 5550/2025 hero fincorp ltd Vs. Pancha Ram /0 (Connaught Place)
72 CC NI ACT / 5555/2025 hero fincorp ltd Vs. MUKESH BHAISA /0 (Connaught Place)
73 CC NI ACT / 5562/2025 hero fincorp ltd Vs. AVINASH KHANNA /0 (Connaught Place)
78 CC NI ACT / 5589/2025 hero fincorp ltd Vs. BANTY /0 (Connaught Place)
80 CC NI ACT / 5593/2025 hero fincorp ltd Vs. VIJUSING ISHVARSING VAGHELA /0
81 CC NI ACT / 5599/2025 hero fincorp ltd Vs. JONI KUMAR /0 (Connaught Place)
02.09.2026
This court has a pendency of more than 37000 cases. Shorter dates are not given on account of
heavy pendency.
Present: Sh. Harsh, Ld. Proxy Counsel for complainant.
Arguments on summoning heard.
I have gone through the entire record including the complaint and the documents.
It is alleged that accused has executed the ECS Mandate in question in favour of the complainant
to discharge his liability. On its presentation the same was dishonored. Therefore, demand
notice was sent to the accused by the complainant. Despite service/ deemed service of said
notice, accused has failed to make the payment as per provisions of Negotiable Instruments Act.
Complaint is prima facie filed within the prescribed period of limitation.
Accordingly, this court takes cognizance of the offence punishable u/sec.25 of
Payment and Settlement Act, read with Section 138 of NI Act.
Following the law laid down in A.C. Narayanan Vs. State of Maharashtra (2014)
11 SCC 790, complaint, affidavit of evidence and other annexed documents considered.
Accordingly, there is no need to examine the complainant for the purpose of issuance of process.
Inquiry U/Sec.202 Cr.P.C. is conducted vide examination of documents and this
court is satisfied that there are sufficient grounds for proceeding to issue summons against the
accused.
Hence, let the accused be summoned through all permissible modes for offence
u/s 25 of Payment and Settlement Act, 2007 on filing of PF/RC. In the event the
house/office/premises is found to be locked/refusal to accept the service/any other contingency
the process be served through affixation. PF be filed within 12 months.
Let summons be also issued upon accused through whatsapp and email as well
and the affidavit of service be filed by the complainant before the NDOH.
Complainant is directed to file the internet tracking report qua the said summons
on or before the NDOH. Complainant is further directed to supply copy of complete set of
documents filed in the court including the evidence affidavit of the complainant. Ld. Counsel for
the complainant is also directed to file the duly filled mandatory NI Act complaint Meta Data
Form before filing first PF.
Further, as per the guidelines laid down as in the case titled as “Damodar S.
Prabhu Vs. Sayed Babalal H”, AIR2010(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 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 costs on the accused.”
Put up for appearance of accused/framing of notice on 20.12.2028.
(Akanksha Singh)
JMFC(NIAct)/02/PHC
NDD-ND-02.09.2026
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