Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 63 CC NI ACT / 2494/2025 IRFAN KHAN Vs. M/S SUPER INDUSTRIES /0 ()
06.05.2026
Present: Ld. counsel for the complainant.
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 Kulwinder Kaur (Proprietor of
Super Industries) on filing of P.F./R.C./Approved Courier for 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
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