Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 50 CC NI ACT / 28222/2024 EASTMAN AUTO AND POWER LIMITED Vs. G A
Electronics /0 ()
12.12.2025
This court has a pendency of more than 22000 cases. Shorter dates are not given on
account of heavy pendency.
Present: Sh. Harshkant Khairwa, Ld. Counsel for complainant.
Matter is fixed for arguments on condonation and point of cognizance.
Despite repeated calls, none has appeared on behalf of the proposed
accused
Accordingly the arguments are being heard ex-parte.
Ld. Counsel for complainant submits that there is a delay of 13 days in
the matter and inadvertently in the application it was mentioned that the delay is of
18 days.
Ld. Counsel for complainant further submits that the delay in the filing
of the said complaint was on account of the fact that there were talks of settlement
going on between the parties.
In view of the reasons stated in the application and arguments
advanced, this court is of the opinion that the delay of 13 days has not been explained
on a day to day basis.
However, In the interest of justice the application for condonation of
delay stands allowed and the delay of 13 days stands condoned subject to cost of
Rs.2000/- to be deposited with DLSA, PHC NDD, ND.
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.
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 no. 1 and 2 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
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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 08.07.2026.
(Akanksha Singh)
JMFC(NIAct)-02-PHC
NDD-ND-12.12.2025
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