Order 1

Order Details: COPY OF ORDER
Pdf Text: 130 CC NI ACT 16477/2023 HERO FINCORP LTD Vs.
SAHAJAN RAHAMAN
07.11.2025
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 : Ld. Counsel for complainant.
Matter is listed for consideration on summoning.
Perusal of the file reveals that all the technical requirements u/s 138 of
the NI Act have been met with. Furthermore, the complaint is 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, 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 on
filing of P.F./R.C./Approved Courier as well as through all permissible modes
including electronic, dasti and 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 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 H18, 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 24 weeks including providing copy(ies) of complaint. Matter be
fixed for appearance of accused and framing of notice on 14.09.26.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/07.11.2025
18 (2010) 5 SCC 663
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