Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20 CC NI ACT / 1892/2024 Shiv Shankar Vs. Lokesh Kaushik Authorized Signatory
Nihonshien Engneering India Pvt Ltd /0 (Prem Nagar)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
28.06.2025
Present: Sh. SP Sharma, Ld. counsel for complainant.
Arguments heard.
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 cog-
nizance of offence u/s 138 NI Act.
Hon’ble Supreme Court has laid down in the cases of
AC Narayanan v.
State of Ma-
harastra and
Re Expeditious Trial of NI Act cases that the examination of complainant and his wit-
nesses on oath is a matter of discretion of the Magistrate and their evidence given on affidavit, if
found satisfactory, 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.
Considering the averments made in the complaint, documents filed along-with and af-
fidavit of the complainant in support of the complaint, this Court finds that there is sufficient mate-
rial on record to summon the accused.
Accordingly, let summons be issued to the accused no 1 and 2 as per amemded memo
of parties for NDOH, through all permissible modes including electronic mode i.e., e-mail or What-
sapp (to be mentioned on the PF form) on filing of PF by the Complainant within 30 days from to -
day. 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. Fur-
thermore, if the Complainant fails to file PF within time, the complaint shall be liable to be dis-
missed u/s 227(4) of BNSS.
Complainant is at liberty to serve copy of the summons on accused person(s) through Regis-
tered post/speed post/authorized courier service and via electronic mode i.e., e-mail or WhatsApp as
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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 allowed by the court without imposing any costs on the accused. And if the application is
made at a subsequent 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 authority as the Court deems fit.”
Put up for report on summons/appearance of accused person(s) and further
proceedings on 24.09.2025.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/28.06.2025
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