Order 5

Order Details: COPY OF ORDER
Pdf Text: 134 CC NI ACT / 29755/2024 har lal gupta Vs. Yash choudhary
05.06.2025
This court has a pendency of more than 14500 cases. The regular stenographer of
this court is on leave. Shorter dates are not given on account of heavy pendency.
Present: Sh. M.U. Rehman, Ld. Counsel for complainant.
None for the proposed accused.
Matter is fixed for report on notice issued under BNSS today.
Ld. Counsel for complainant has filed the affidavit of service on
whatsapp and email of the accused. Taken on record. Therefore, the notice is
served.
None has appeared on behalf of the proposed accused. Thus the
arguments on the point of summoning are being heard ex-parte.
Arguments on summoning heard.
I have gone through the entire record including the complaint and
the documents. It is alleged that accused has issued 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.Complaint
is prima facie filed within the prescribed period of limitation.
Accordingly, this court takes cognizance of the offence punishable
under Section 138 of NI 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.
Since the accused resides outside the jurisdiction of this
court,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
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summons against the accused.
Hence, let the accused Yash Chaudhary be summoned through all
permissible modes for offence u/s 25 of Payment and Settlement Act, 2007 on
filing of PF/RC. 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. PF be filed within 15 working days.
Let summons be also issued upon accused through whatsapp and
email as well, upon furnishing of details on affidavit by the complainant.
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.
The Ahlmad is directed to make mention of the e-mail ID of this
Court on the summons with a direction that the report qua the service of the
summons be sent on the said e-mail ID alternatively or in addition to the
physical report. Ahlmad is also directed to mention the video conferencing link
of this court on the summons.
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 17.10.2025.
(Akanksha Singh)
JMFC(NI Act)-02-PHC
NDD-ND-05.06.2025
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