Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 106 CC NI ACT / 23128/2025 MS TRIVENI ENGINEERING
INDUSTRIES LIMITED Vs. AXIS ECORP SOLUTIONS PVT LTD
26.11.2025
There is pendency of more than 23,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
Present : Sh. Bhanu Sanoria, Ld. Counsel for complainant.
Matter is listed for consideration.
No cognizance shall be taken against accused at sl.no.3 as she is not
reflected to be a director thereof in terms of MCA data supplied by the complainant.
A perusal of the file reveals that cheque bearing no. 000696 was
issued on 31.12.2024. The same was returned on 07.03.25 with the comment ‘account
blocked’. The legal demand notice was sent on 02.04.25 (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
delivered on 04.4.2025. The present complaint came to be filed on 06.05.25. 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 no.1 AXIS ECORP SOLUTIONS PVT
LTD , accused no.2 Mukesh Kumar Tyagi, accused no.3 Mohd. Faizan, 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 H37, 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 07.03.26.
Ld. Counsel for complainant is directed to furnish an amended memo
of parties in terms of the summoning order.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/26.11.2025
37 (2010) 5 SCC 663
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