Order 12

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 28235/2023 VIJAY KUMAR Vs. CZAR
BUILDWELL PVT LTD
12.07.2025
Present : Sh. Ram Kumar, Ld. Counsel for complainant.
Matter is listed for clarification from the
complainant.
The Ld. Predecessor court had called for KYC
documents of the accused company wherein MCA data was
furnished in terms of which Mr Satish and Mr Prince Kumar
appear to be directors of the company.
Ld. Counsel for complainant has submitted that the
bank official had duly furnished the details in terms of the order
of this court.
A perusal of the file reveals that cheque bearing no.
019243 was issued on 22.8.2023. The same was returned on
21.09.23 with the comment ‘account blocked’. The legal demand
notice was sent on 21.09.23 (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 deemed to have been delivered on
23.09.23. 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. The present complaint came to be filed
on 22.10.23. The same appears to be within the period of
limitation.
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 no.1 CZAR
BUILDWELL PVT LTD, accused no.2 Satish, accused No.3
Prince Kumar (in terms of the MCA data filed by the bank
official), 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
accused persons on furnishing of the correct e mail ID and
whatsapp Number of the accused persons by the complainant.
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Ld. Counsel for the complainant is also directed to
fill up the online META Data form at the time of filing of first
process fee as mandated by the SOP issued by the Hon’ble High
Court of Delhi. Proof of service/tracking report be filed and
updated in the digital file on or before the next date of hearing.
Any previous correspondence between the parties on the same
email, whatsapp or phone number to be filed along with the
tracking report.
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 2 weeks
including providing copy(ies) of complaint. Matter be fixed for
appearance of accused and framing of notice on 01.11.2025.
Ld. Counsel for complainant is directed to furnish an
amended memo of parties in terms of the summoning order.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/12.07.2025
1 (2010) 5 SCC 663
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