Order 1

Order Details: COPY OF ORDER
Pdf Text: CC NI Act 1392/2026
10.07.2026
Fresh complaint under Section 138 NI Act received. It be checked and registered as
per rules.
Present: Sh. Vikram Puri, AR of the complainant in person.
Complaint and other documents annexed with it perused.
I take cognizance of offence punishable U/s 138 N I Act.
In view of the judgment of Hon’ble Supreme Court of India in A.C
Narayanan Vs. State of Maharashtra, the Pre-summoning evidence is dispensed as
the evidence by way of affidavit alongwith the relevant documents make out the
offence.
Arguments on summoning heard. I have perused the complaint, evidence
affidavit and the documents on record.
There are sufficient grounds for proceeding against the accused no.1
and 2 as the cheque is drawn upon account pertaining to accused no.1 company
and accused no.2 is the signatory on the cheque in question, therefore, let the
accused be summoned on filing of PF through Speed Post/electronic mode including
whatsapp and e-mail on furnishing of affidavit. Steps be taken within 15 days from
today.
Put up for appearance of accused no.1 and 2 on 03.11.2026.
Complainant is directed to place the tracking report of summons sent
through speed post on record on NDOH. 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. The complainant can provide email address of accused
person(s), if any for service. Provided the complainant files an affidavit to the effect
that e-mail on which the said summons is sent is of the accused person and further
subject to filing of report of service.
As per the guidelines laid down as in the case titled as “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.”
(Aakash Sharma)
JMFC-03/ North/ Rohini/ Delhi
10.07.2026
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