Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 17 CC NI ACT / 1851/2025
Subhash Chand Vs. Neptune Automation SWM Pvt Ltd
(Bhajan Pura)
12.01.2026
(VC proceedings through CISCO Webex)
Present: Sh. Brijesh Kumar Sharma, Ld Counsel for the complainant.
Arguments on cognizance and summoning heard.
COGNIZANCE AND SUMMONING ORDER
(1) This is a complaint filed for offence punishable under Section 138 N. I. Act.
Complaint, affidavit of evidence and other annexed documents perused. I take cognizance
of the said offence.
(2) The Hon’ble Supreme Court in A. C. Narayanan Vs. State of
Maharashtra & Anr.” (2014) 11 SCC 790, has given discretion to the Magistrate to rely
on the complaint, documents annexed and the affidavit submitted by complainant in
deciding whether or not to issue process. u/s. 200 CrPC and it is not mandatory to examine
upon oath the complainant or its witnesses in order to decide the same. Upon considering
the instant complaint, documents produced and verification in the form of affidavit of
evidence, there are sufficient grounds for proceeding further against accused for offence
punishable under Section 138 N. I. Act. Accused no. 1 is prima facie responsible, being the
drawer of the cheque and accused no. 2 is also prima facie responsible being a Director of
the accused No.1 company as well as signatory to the cheque in dispute.
(3) In terms of inquiry conducted under Section 225 BNSS, all the statutory
requirements have been complied with. The complaint is filed within the period of
limitation. I am also prima facie satisfied that the offence has been committed within the
jurisdiction of this court.
Hence, issue summons against the accused No.1 and 2 on PF/RC/Approved
Courier. Service be also effected on the email and whatsApp message(s), as provided by
the complainant and further subject to filing of report of service. Necessary particulars be
filed on affidavit within 7 days. For facilitation of the same, dasti summons are permitted.
The process server is directed to serve the summons by way of affixation in terms of Sec.
67 BNSS, if premises found closed or same could not be served personally or on any adult
male member.
(4) As per the guidelines laid down in Damodar S. Prabhu Vs. Sayed Babalal
H, AIR 2010 (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.”
(5) Ahlmad is also 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 07 days including providing copy(ies) of complaint otherwise the
complaint may be dismissed u/s 227(4) of BNSS. The complainant is also apprised of the
fact that at the time of filing 1 st PF, he is required to mandatorily fill the Meta Deta form.
Put up for report/appearance of accused and further proceedings on
21.05.2026.
PA is directed to do updation of the case and upload the order as per rules.
(NISHTHA MEHTANI)
JMFC(NI ACT)/NE/KKD
DELHI/12.01.2026
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