Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 126 CC NI ACT / 34559/2025 NATIONAL SKILL DEVELOPMENT CORPORATION
Vs. Dream Weavers Edutrack Private Limited
13.10.2025
There is pendency of more than 20,000 cases in the present court, therefore, it is not possible to
give shorter date in the cases.
Present : Sh Sameer Goswami, Ld. Counsel for complainant
through VC.
Matter is listed for report on notice.
Tracking report filed by the Ld. counsel for
complainant.
It appears that the proposed accused is deemed to
have been served on 25.08.25.
Since the proposed accused has failed to enter
appearance and put forth submissions on the point as to why
cognizance should not be taken against him in the instant
prosecution at hand, this court shall proceed with issuance of
summons.
It is clarified that one effective opportunity has
already been given to the proposed accused and the requirement
of serving the proposed accused with a notice prior to taking
cognizance u/s 138 NI Act has been successfully complied with.
MCA data furnished. Same is taken on record.
It appears that the reason of dishonour of cheque is
‘EOD process’. Prima facie at the stage of cognizance, a case is
made out against the accused. The bank official shall enter
appearance at a later stage of the trial to specify the reason for
dishonour of cheque.
A perusal of the file reveals that cheques bearing no.
000246, 000419, 000420, 000418 were issued on 24.04.25. The
same were returned on 28.04.25 with the comment ‘EOD
Process’. The legal demand notice was sent on 27.05.25 (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 31.05.25. The present complaint came to be
efiled on 11.07.25. 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
-- 1 of 2 --
grounds for proceeding further against accused no.1 Dream
Weavers Edutrack Private Limited, accused no.2 Sandeep Soni
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.
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 8 weeks
including providing copy(ies) of complaint. Matter be fixed for
appearance of accused and framing of notice on 19.01.26.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/13.10.2025
1 (2010) 5 SCC 663
-- 2 of 2 --