Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 154 CC NI ACT / 40496/2025 Signature Global Vs. M s New Nitika Projects India Private Limited /
06.10.2025
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 Harsh Yadav, Ld. Counsel for complainant.
Matter is listed for report on notice to proposed accused. However, in
light of the recent judgment of the Hon’ble Supreme Court, the requirement of hearing the
proposed accused at the stage of pre cognizance is dispensed with.
This court shall not proceed with cognizance qua accused No.5. Ld.
Counsel for complainant has pressed for summoning accused no.5. However, as per the
MCA data, he does not appear to be a director of the accused company. In terms of settled
law, an AR of the company shall not be summoned unless case is made out as to the factum
of him being in a managerial position in the accused company. Merely being an AR and
signatory of the cheque in question shall not entitled the complainant to seek a summoning
order qua accused No.5.
A perusal of the file reveals that cheque bearing no. 000099 was issued on
7.06.25. The same was returned on 10.06.25 with the comment ‘funds insufficient’. The
legal demand notice was sent on 08.07.25 (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 deemed to have been
delivered on 12.07.25. 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 efiled on 04.08.25. 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 grounds
for proceeding further against accused no.1 M s New Nitika Projects India Private Limited,
accused no.2 Sonalika Das, accused no.3 Laxmi, accused no.4 Navneet Pankaj, 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 H61, 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
4 weeks including providing copy(ies) of complaint. Matter be fixed for appearance of
accused and framing of notice on 20.12.25.
Complainant is directed to furnish an amended memo of parties as per the
summoning order.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/06.10.2025
61 (2010) 5 SCC 663
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