Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 71 CC NI ACT / 32440/2024 Hero Fincorp Limited Vs. NARLA MANASA
73 CC NI ACT / 32443/2024 Hero Fincorp Ltd Vs. SERAJUL HAQUE
06.06.2026
This court has a pendency of more than 35000 cases. Shorter dates are not given on account
of heavy pendency.
Present: Ms. Jyoti, Ld. Proxy counsel for the complainant.
Arguments on summoning heard.
I have gone through the entire record including the complaint and the
documents. It is alleged that accused has executed 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 Negotiable Instruments 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.
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 summons
against the accused.
Hence, let the accused be summoned through all permissible modes for
offence under section 138 Negotiable Instruments Act 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 08 months.
Let summons be also issued upon accused through whatsapp and email as
well and the affidavit of service be filed by the complainant before the NDOH.
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.
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 27.11.2027.
(Akanksha Singh)
JMFC(NIAct)-02-PHC
NDD-ND-06.06.2026
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