Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 93 CC NI ACT / 122507/2025 M/s Aye Finance Limited Vs. Sukhbir C/o Mansingh /0
94 CC NI ACT / 122510/2025 M/s Aye Finance Limited Vs. Niranjan Kumar C/o Ajit Sah /0
95 CC NI ACT / 122513/2025 M/s Aye Finance Limited Vs. Kodavati Aditya Veera Bhadra Siva Kumar
C/o Suryanarayana Kodavati
97 CC NI ACT / 122518/2025 M/s Aye Finance Limited Vs. Jasani Bodu C/o Kasambhai Oshman Bhai
Dasani
98 CC NI ACT / 122528/2025 M/s Aye Finance Limited Vs. M Krishnamurthy C/o Muniraju
100 CC NI ACT / 122554/2025 M/s Aye Finance Limited Vs. Ashish C/o Umesh /0
101 CC NI ACT / 122557/2025 M/s Aye Finance Limited Vs. Munish Kumar C/o Bahadur Singh /0
102 CC NI ACT / 122564/2025 M/s Aye Finance Limited Vs. Sunny Kumar Singh C/o Pappu Singh /0
103 CC NI ACT / 122567/2025 M/s Aye Finance Limited Vs. Suresh Prjapat C/o Bherulal Prjapat /0
105 CC NI ACT / 122571/2025 M/s Aye Finance Limited Vs. Sahim C/o Alisaan /0
106 CC NI ACT / 122573/2025 M/s Aye Finance Limited Vs. Jeetu C/o Sahab Singh /0
108 CC NI ACT / 122578/2025 M/s Aye Finance Limited Vs. Mohsin Khan C/o Juber Ahmad /0
109 CC NI ACT / 122582/2025 M/s Aye Finance Limited Vs. Mukesh Kumar C/o Raj Singh
07.10.2026
This court has a pendency of more than 38000 cases. Shorter dates are not given on account
of heavy pendency.
Present: Sh. Chanakya Verma, Ld. Counsel for complainant with AR.
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 ECS Mandate 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 u/sec.25 of Payment
and Settlement Act, read with Section 138 of NI 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 u/s 25 of
Payment and Settlement Act, 2007 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 12 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 17.09.2028.
(Akanksha Singh)
JMFC(NIAct)/02/PHC
NDD-ND-07.10.2026
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