Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10 CC NI ACT / 7/2024 Udai Narayan Pandey Vs. Swati Surhatia 0000/0 (S.P. Badli)
23.05.2026
Present: Sh. Manoj sharma, Ld. counsel for the complainant.
None for the accused.
Summons issued to the accused not received back.
Tracking report filed. Taken on record.
As per the same, summons were delivered on the accused on 02.05.2026.
It appears that the accused is not interested in contesting the application for condonation
of delay.
In view of the same, the application stands allowed.
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 22.10.2026. 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 22.10.2026.
(DIVYASHREE RAINA)
JMFC-04/(North) Rohini Courts
Delhi/23.05.2026/Court No. 14
(s)
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