Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7 CC NI ACT / 189/2024 Randeep Vs. Ultra White Company /0 (Alipur)
18.08.2026
Present: Sh Shamsher Singh , Ld. counsel for the complainant.
Complainant has filed the Meta data of the accused company. Same is taken
on record.
Following the law laid down in Sanjaviz Tari vs Kishore S. Borcar in Crl.
Appeal No 1755/2010 passed by Hon’ble Supreme Court of India, the requirement to hear
the proposed accused at the time of summoning U/s 223 BNSS is dispensed with.
Arguments on summoning heard.
Following the law laid down in A. C. Narayanan Vs. State of Maharashtra &
Anr." (2014) 11 SCC 790, complaint, affidavit of evidence and documents considered. In
view of return of cheque on dishonourment, service of legal demand notice documents and
verification in the form of affidavit of evidence, there are sufficient grounds for proceeding
further against accused person for offence punishable under Section 138 N.I. Act.
I hereby take cognizance of offence u/s 138 NI Act.
Hence, issue summons against the accused person on filing of
P.F./R.C./Approved Courier for 22.12.2026. Service be also effected on the email, whatsapp
message and text message of accused person, as provided by the complainant and further
subject to filing of report of service. For felicitation of the same, dasti summons are
permitted. The process server is directed to serve the summons by way of affixation, if
premises found closed or same could not be served personally or on any adult male
member.
An endorsement be also made with respect to the compoundable nature of
the offence as per the judgment in Damodar S. Prabhu; (2010) 5 SCC 663. Accused is at
liberty to file an application for compounding on the offence on the 1st or 2nd date of
hearing itself without imposition of cost. However, failure to do so and seeking
compounding at a later stage shall entail additional cost. Same be mentioned in the
summons.
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 10 days including providing copy of complaint otherwise the complaint may
be dismissed as per law.
Put up for appearance of the accused on 22.12.2026.
(RICHIKA TYAGI)
JMFC-04/(North) Rohini Courts
Delhi/18.08.2026/Court No.14
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