Order 11

Order Details: COPY OF ORDER
Pdf Text: 150 CC NI ACT / 65156/2024 Anil Chauhan Vs. Sunil Kumar (Parliament Street)
16.07.2026
This court has a pendency of more than 36000 cases. Shorter dates are not given on account of heavy
pendency.
Present: Ms. Mehak Dogra, Ld. Counsel for complainant.
Matter is fixed for report on notice on application for condonation of delay.
Ld. Counsel for complainant has filed the tracking report to show that the notice has
been duly delivered.
Despite repeated calls, none has appeared on behalf of the proposed accused.
Accordingly the arguments are being heard ex-parte.
Ld. Counsel for complainant submits that there is a delay of 36 days in the matter on
account of objections raised by the Filing Counter. It is also submitted that the complaint had been filed
on 19.12.2024 after the removal of objections.
The complainant has placed the case data entry on record to show that the entry for the
complaint had been initiated on 11.11.2024.
In view of the reasons stated in the application, arguments advanced, the application for
condonation of delay stands allowed and the delay of 36 days stands condoned subject to cost of
Rs.1,000/- to be deposited with DLSA, PHC NDD, ND.
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.
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 15 working days.
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 27.10.2026.
(Akanksha Singh)
JMFC(NIAct)/02/PHC
NDD-ND-16.07.2026
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