Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 44 CC NI ACT / 30885/2025 Mohan Clothing Company Pvt Ltd Vs. Vastra Lifestyle
Proceedings are being conducted through Video Conferencing on Cisco Webex
platform using the URL Link https://districtcourtdelhi.webex.com/meet/ninewdelhi1
29.10.2025
Present: Sh. Madhur Sapra, Ld. Counsel for complainant through VC.
Ld. Counsel for complainant submits that the complaint was originally e-filed
on 05.06.2025, however, certain documents were wrongly filed and therefore, the complete
complaint along with documents have been again e-filed on 27.10.2025.
Ld. Counsel for complainant submits that the matter is pending for PSE.
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. The complaint and
the original documents have been submitted to the Ahlmad for safe custody. The documents have been identified today
in accordance with the pre-summoning evidence by way of affidavit.
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 Rajalakshmi Prashant Bhute, proprietor of M/s Vastra
Lifestyle, 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 21.03.2026.
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/29.10.2025
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