Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 31 CC NI ACT / 1865/2026
MS GANPATI PHARMA Vs. MS PHARMA LIFECARE /0 (Prashant Vihar)
12.10.2026
Present: Sh. Priyansh Verma, Ld. Counsel for the complainant.
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.
The cheque in question was issued in favour of the complainant by the
accused towards discharge of his liability. The said cheque was dishonoured/returned
unpaid on presentation. Legal Notice was issued and served upon the accused in the
ordinary course. The grievance of the complainant is that the accused has not made
the payment against the aforesaid cheque within the stipulated period despite service
of legal notice.
There are sufficient grounds for proceeding against the accused,
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 on 11.03.2027.
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
12.10.2026
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