Order 2

Order Details: COPY OF ORDER
Pdf Text: 43 CC NI ACT / 10762/2025 ONKAR NATH Vs. Vipin Sharolia
20.09.2025
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.
Today, the undersigned is working as Duty JMFC.
PARCHA YADASHT
Present: Sh. Ashwani Kumar Mishra, Ld. Counsel for 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
09.09.25.
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.
Ld. Counsel for complainant has been given the tracking
report back after perusing. The same has also been efiled.
The court has perused the digital record.
A perusal of the file reveals that cheque bearing no. 496731
was issued on 20.01.2025. The same was returned on 13.2.25 with the
comment ‘funds insufficient’ and 03.03.25 when presented for the second
time. The legal demand notice was sent on 10.03.25 (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 12.03.25.
Henceforth, the legal demand notice is deemed to be served u/s 27 of the
General Clauses Act read with section 114 of the Indian Evidence Act. The
present complaint came to be filed on 17.04.25. 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
person namely Vipin Sharolia , 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.
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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 4 weeks including providing
copy(ies) of complaint. Matter be fixed for appearance of accused and
framing of notice on 29.11.25.
Ahlmad has reported that the present file is not traceable and
has sought time to trace the file. No proceedings could take place today as
the file is not placed before the undersigned.
It is to be observed there are a number of files which are not
traceable and despite the repeated directions of the court, Ahlmad and
Assistant Ahlmad are unable to trace out the files.
Let written explanation be sought from Ahlmad and Asst.
Ahlmad in this regard within one week from today.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/20.09.2025
1 (2010) 5 SCC 663
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