Interim Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 135 CC NI ACT 724/2023 SEEMA HP GAS AGENCY Vs. UMESH CHAND /0 ()
Compromise
Proceedings conducted online through video conferencing using CISCO WEBEX software.
15.07.2025
Present: Sh. Kuldeep Vashisth, Ld. counsel for complainant.
None for accused.
It is submitted by ld counsel for complainant that accused had misappropriated
funds of the complainant firm while he was an employee of the complainant firm. Further, it is
submitted that there is an acknowledgment on the said aspect which is in writing of accused
and filed alongwith complaint. Therefore, the cheque in question was issued for discharge of
said liability.
Perusal of record reveals that there is an FIR pertaining to misappropriation of
funds which has been filed by complainant against accused. The cheque in question, allegedly,
was issued by accused after misappropriation of funds. Thus, A criminal complaint case u/s
138 NI Act is a separate transaction from FIR so filed by complainant and can run separately in
this court. Moreover, whether the cheque in question was issued for legally enforceable debt or
not is a matter of trial to be adjudicated at a later stage.
This Court has perused the complaint, cheque, bank return memo, legal notice, postal
receipt and service report pertaining to the legal notice. Perusal of the said record reveals that the
present complaint has been filed within limitation and this Court has the territorial jusrisdiction to
entertain the same. Further, as per the averments made in the complaint,
prima facie, an offence u/s 138
NI Act appears to have been committed Therefore, in view of the same, this Court takes cognizance of
offence u/s 138 NI Act.
Hon’ble Supreme Court has laid down in the cases of
AC Narayanan v.
State of Maha-
rastra and
Re Expeditious Trial of NI Act cases that the examination of complainant and his witnesses
on oath is a matter of discretion of the Magistrate and their evidence given on affidavit, if found satis-
factory, maybe read as it is for the purpose of issuance of process. Thus, as the present case has been
filed in complete particulars, this Court does not deem it necessary to call upon the complainant and his
witnesses and conduct their examination on oath.
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Considering the averments made in the complaint, documents filed along-with and affi-
davit of the complainant in support of the complaint, this Court finds that there is sufficient material on
record to summon the accused.
Accordingly, let summons be issued to the afore-said accused for NDOH, through all
permissible modes including electronic mode i.e., e-mail or Whatsapp (to be mentioned on the PF
form) on filing of PF by the Complainant within 30 days from today. Copy of the complaint along with
documents shall accompany the summons. In case the house/premises of the accused is found to be
locked, summons be served by way of affixation. Furthermore, if the Complainant fails to file PF
within time, the complaint shall be liable to be dismissed u/s 227(4) of BNSS.
Complainant is at liberty to serve copy of the summons on accused person(s) through
Registered post/speed post/authorized courier service and via electronic mode i.e., e-mail or WhatsApp
as well. Further, the complainant is directed to place on record ‘proof of service of summons’ before
this Court by NDOH. [Let the same be e-filed at least 2 days before NDOH].
As per the guidelines laid down in the case titled as “
Damodar S Prabhu v.
Sayed Ba-
bala H” Ahalmad is directed to make a mention on the summons issued against the accused (by adding
a 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 al-
lowed by the court without imposing any costs on the accused. And if the application is made at a sub-
sequent stage, compounding can be allowed subject to the condition that the accused will be required to
pay 10% of the cheque amount to be deposited with the Legal Services Authority or such other author-
ity as the Court deems fit.”
Put up for report on summons/appearance of accused person(s) and further proceedings
on 29.11.2025.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/15.07.2025
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