Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 160 CC NI ACT / 35176/2025 M/S NEW SARASWATI HOUSE I PVT LTD Through its AR Jaibind Singh
Rawat Vs. M/S RADHIKA STORES AND ANR
10.08.2026
There is pendency of more than 41,000 cases in the present court, therefore, it is not possible to give shorter
date in the cases.
Matter was earlier received by way of transfer.
Present : Sh. Naveen Kumar Tripathi, Ld. Counsel for complainant through VC.
Sh. Sanurag Shukla, Proxy counsel for the complainant.
Notice was issued to the ahlmad of erstwhile Digital Court.
Physical file deposited today by the complainant.
A perusal of the file reveals that cheque bearing no. 854529 was issued on
8.5.25. The same was returned on 14.5.25 with the comment ‘funds insufficient’. The legal
demand notice was sent on 23.5.25 (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 27.5.25. The
present complaint came to be efiled on 12.7.25. The cause of action in the instant matter
arose on 16th day from receipt of legal demand notice i.e. 12.6.25. The first day on which
cause of action arises is also excluded for calculating the period of limitation. Accordingly,
complaint could have been filed within a month from 13.6.25. The same was filed on
12.7.25 within 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 Shatrughan Prasad Keshari (Prop. of M/S
RADHIKA STORES) 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 H11, 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 12 weeks including providing copy(ies) of complaint. Matter be fixed for
appearance of accused and framing of notice on 20.01.27.
Complainant is directed to furnish all the previous ordersheets in the
matter.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/10.08.26
11 (2010) 5 SCC 663
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