Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16 CC NI ACT 27255/2023 EASTMAN AUTO AND POWER LTD. Vs.
MS VAISHNAVI ENTERPRISES
23.02.2026
There is pendency of more than 35,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
Present : Sh. Devanshu Jain, Ld. Proxy Counsel for
complainant.
Matter is listed for consideration on summoning.
ON the last date of hearing, application for leading secondary
evidence was allowed.
IT appears that application for condonation of delay
was allowed on 11.09.2024.
A perusal of the file reveals that cheque bearing no.
000666 was issued on 30.12.2022. The same was returned on
02.01.2023 with the comment ‘Payment stopped by drawer’. The
legal demand notice was sent on 01.02.2023(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
04.02.2023 as the item was returned back with the comment
“refused”.
Henceforth, the legal demand notice is deemed to be
served u/s 27 of the General Clauses Act read with section 114 of
the Indian Evidence Act. Period of delay already condoned.
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 Rakesh Kumar,
Proprietor of M/s Vaishnavi Enterprised 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 on filing of P.F./R.C./Approved
Courier as well as through e mail ID and whatsapp number of
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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 H1, 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 08.09.2026.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/23.02.2026
1 (2010) 5 SCC 663
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