Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 166 CC NI ACT / 52916/2025 M/S EMPIRE HOUSING PROJECTS PVT LTD Vs. M/S NINANIYA
ESTATES LTD
15.07.2026
There is pendency of more than 40,000 cases in the present court, therefore, it is not possible to give
shorter date in the cases.
Present : Sh Yatharath Rohila, Ld. Counsel for complainant through VC.
Ms. Surbhi Singh, ld. counsel for proposed accused no.1 to 4 alongwith AR
of proposed accused no.1, accused no.3 and 4 through VC. (e-mail id
surbhi@asa-partners.com)
Matter is listed for report on notice to proposed accused.
Previous service report of the notice issued by the Digital Court has been
taken on record.
The right of hearing the proposed accused at the stage of pre cognizance is
dispensed with.
Requisite averments have been made by complainant with respect to
functioning of accused no.2 to 7 in the day to day affairs of accused No.1.
A perusal of the file reveals that 3 cheques bearing no. 002946, 002945 and
003479 were issued on 30.04.25. The same were returned on 10.07.25 with the comment
‘drawers authority to operate account not received’. The legal demand notice was sent on
30.07.25 by way of email (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 the same date. The present complaint came to
be efiled on 10.09.25. 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.1M/S NINANIYA ESTATES LTD, accused no.2 Prateik Rao, accused no.3
Vijay Singh Rao, accused no.4 Jai Prakash Sharma, accused no.5 Kamal Bajaj, accused no.6
Rahul Kumar Pathak, accused no.7 Shrikant, for offence punishable under Section 138 N. I. Act.
Ld. counsel appearing for some of the accused persons submits that she has
entered appearance on behalf of accused No.1 to 4. accordingly, summons will not be issued to
accused at sl. no.1 to 4.
Let summons be issued to accused no.5 to 7.
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
H5, 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 17.10.26.
Let a copy of the complaint be supplied afresh to counsel for accused no.1 to
4.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/15.07.2026
5 (2010) 5 SCC 663
-- 1 of 1 --