Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 142 CC NI ACT / 46807/2025 RAVI RAJAWAT Vs.
PRASHANT SHARMA
04.10.2025
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.
Today, the undersigned is working as Duty JMFC.
Present : Complainant with Ld. Counsel Sh. Naval Kishore.
Physical file deposited.
Ld. Counsel for complainant has submitted in terms of the agreement
already on judicial record that the accused is the sole proprietor for Aditya Overseas i.e.
drawer of the cheque.
A perusal of the file reveals that cheques bearing no. 000581 and
000582 were issued on 03.07.25 and 05.07.25. The same were returned on 04.07.25
and 07.07.25 with the comment ‘funds insufficient’. The legal demand notice was sent
on 15.07.25 (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 delivered on 16.07.25. The present complaint came
to be filed on 14.8.2025. 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 PRASHANT SHARMA Prop. Of
Aditya Overseas 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 o
n 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 H9, 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 06.01.26.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/04.10.2025
9 (2010) 5 SCC 663
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