Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 54 CC NI ACT / 1351/2026
pratibha Vs. salma / ()
08.10.2026
Undersigned has a pendency of approximately 4500 cases.
Present: Sh. Pankaj Maurya, Ld. counsel for the complainant.
Accused absent.
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 27.02.2027. 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
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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 27.02.2027.
(RICHIKA TYAGI)
JMFC-04/(North)/Rohini
Delhi/08.10.2026
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