Order 6

Order Details: COPY OF ORDER
Pdf Text: 71 CC NI ACT / 24456/2024 Ram Kishore Yadav Vs. Chander Kumar Bhagat / ()
Proceedings are being conducted through Video Conferencing on Cisco Webex
platform using the URL Link https://districtcourtdelhi.webex.com/meet/ninewdelhi1
15.11.2025
Present: Sh. Rohit Kumar, Ld. Counsel for complainant through VC.
1. I have perused the complaint, pre-summoning evidence by way of affidavit of the complainant and the
documents relied upon by the complainant. The present complaint has been filed within the limitation/extended period
of limitation (In Re Cognizance for Extension of Limitation dated 08.03.2021 (Suo Moto Writ Petition (Civil)
No.3/2020 and miscellaneous application No. 665/2021) and is within the jurisdiction of this Court.
2. In light of the decision of the Hon'ble Supreme Court in A.C. Narayanan v. State of Maharashtra &
Anr. (2014) 11 SCC 790, Full Bench, examination of the complainant upon oath for issuance of process is a matter of
discretion of the Magistrate. In the considered opinion of this Court, there is no need to examine the complainant for the
purpose of issuance of process. There is sufficient material before this Court to proceed against the accused. I hereby
take cognizance of the offence under Section 138 of the NI Act.
3. Accordingly, issue summons to accused Chander Kumar Bhagat for being the drawer and signatory to
the impugned cheque(s). The summons are to be sent upon filing of PF/RC within one month from today, returnable on
NDOH. The complainant is directed to file metadata form before filing of PF. The process server is directed to serve the
summons by way of affixation, if premises are found locked or same could not be served personally or on any adult
male member. To expedite service, the complainant is at liberty to serve the summons through speed post/approved
courier, subject to filing internet generated tracking report of service on the next date of hearing. The complainant may
also send summons through email and WhatsApp to the accused and file the requisite affidavit of service along with
Certificate u/S 65B Evidence Act on the next date of hearing.
4. As per the guidelines laid down in Damodar S Prabhu Vs. Sayed Baba Lal H, AIR 2010 (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 a 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”.
5. The Ahlmad is directed to mention the official email id of the Court, the URL link as well as the
permanent meeting number of video conferencing through CISCO Webex platform, on the form for issuance of
summons. Complainant is directed to file PF and provide copies of the complaint and other necessary documents,
within one month from today, failing which the complaint may be dismissed under Section 204(4), CrPC.
6. Renotify for appearance of the accused/furnishing of bail bonds/ consideration on Notice under
Section 251, CrPC on 02.03.2026.
7. The summons must accompany the copy of the complaint along with other supporting documents and
the complainant will file the proof of the copy being supplied to the accused before this court on the NDOH.
(Shivangi Vyas)
JMFC, (NI Act), Digital Court 01
PHC, New Delhi/15.11.2025
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