Order 5

Order Details: COPY OF ORDER
Pdf Text: 127 CC NI ACT / 25321/2024 Syngenta India Private Limited
Through Mr Nitin Goyal Vs. Deepak Kumar Singh Proprietor
Iffdc Krishak Seva Kendra
04.10.2025
There is pendency of more than 20,000 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.
Present : AR with Ld. Counsel Sh. Abhishek Mishra through VC.
Matter is listed for report on notice to proposed accused.
In terms of the recent judgment of the Hon’ble Supreme Court, this
court is not required to issue notice at the stage of pre cognizance U/s 223 BNSS.
A perusal of the file reveals that cheque bearing no. 008534 was
issued on 29.04.24. The same was returned on 3.05.24 with the comment ‘funds
insufficient’. The legal demand notice was sent on 24.05.24 (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 29.05.2024. The present complaint came to be efiled on
12.07.24. 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 Deepak Kumar Singh Proprietor Iffdc
Krishak Seva Kendra, 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 o
n 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 H6, 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 12.01.26.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/04.10.2025
6 (2010) 5 SCC 663
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