Order 5

Order Details: COPY OF ORDER
Pdf Text: 36 CC NI ACT / 28789/2024
Perfect Finsec Pvt Ltd Vs. ROHIT KUMAR
25.07.2026
Present: Sh. Vikram Singh Yadav, Ld. Counsel for the
complainant.
Matter is at the stage of consideration.
Complaint and other documents annexed with it
perused. The complaint is within limitation and within the
jurisdiction of this Court.
It would be pertinent to clarify that in accordance
with the mandate of Hon'ble Supreme Court in
Sanjabij Tari vs
Kishore S. Borcar (2025) INSC 1158, the presence of the accused
at the time of summoning is not required.
Accordingly, arguments on cognizance and
summoning heard on behalf of complainant.
I have gone through the entire record including the
complaint and the documents. It is alleged that cheque in
question was issued in favour of the complainant by the accused
towards discharge of his liability. The said cheque was
dishonoured/ returned unpaid on presentation. Legal Notice was
issued and served upon the accused in the ordinary course. The
grievance of the complainant is that the accused has not made the
payment against the aforesaid cheque within the stipulated period
despite service of legal notice.
In light of the dictum of
A.C. Narayanan Vs. State of
Maharashtra & Anr. (2014) 11 SCC 790, it is not necessary to
call upon the complainant to remain present for examination on
oath and as such the verification in the form of affidavit filed in
support of the complaint can be taken into consideration.
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Complaint, affidavit of evidence and documents
considered in light of above cited judgment. In view of
complaint, documents produced and verification in the form of
affidavit of evidence, there are sufficient grounds for proceeding
further against accused person(s) for the offence punishable
under Section 138 NI Act.
Accordingly, accused person(s) be summoned
through all permissible modes for the offence punishable u/s 138
NI Act, on filing of PF/RC within two weeks from today,
returnable for NDOH.
Put up for report on summons on 25.02.2027.
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 in terms of Section 67
BNSS. The complainant can provide email address/ whatsapp
number of accused person(s), if any for service. Provided the
complainant files an affidavit to the effect that e-mail/ whatsapp
number on which the said summons is sent is of the accused
person and further subject to filing of report of service.
(KAUTUK BHARDWAJ)
JMFC-06/PHC/ND/25.07.2026
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