Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 94 CC NI ACT / 23949/2025 CAPITAL INDIA FINANCE LITMITED Vs. ZALA
ALPESHKUMAR
96 CC NI ACT / 23951/2025 CAPITAL INDIA FINANCE LITMITED Vs. DINESH
SHAKARA RATHOD
97 CC NI ACT / 23952/2025 CAPITAL INDIA FINANCE LIMITED Vs. POONAM
104 CC NI ACT / 23960/2025 CAPITAL INDIA FINANCE LIMITED Vs. TODETI HARISH
107 CC NI ACT / 23963/2025 CAPITAL INDIA FINANCE LIMITED Vs. THIPPARAVENI
RAMESH
108 CC NI ACT / 23964/2025 CAPITAL INDIA FINANCE LIMITED Vs. M/S THE BAKE
HOUSE
04.02.2026
This court has a pendency of more than 30000 cases. Shorter dates are not given on account of
heavy pendency.
Present: Ms. Riya Kumari, Ld. 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 cheque 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 under Section
138 of Negotiable Instruments 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
under section 138 Negotiable Instruments Act 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 30 working days.
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 14.09.2026.
(Akanksha Singh)
JMFC(NIAct)/02/PHC
NDD-ND-04.02.2026
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