Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 67CC NI ACT/2633/2024Shyam Kumar Sharma Vs. Bharti Sharma/0 ()
Proceedings are being conducted through Webex online application.
18.07.2025
Present : Ms. Vanshika, Ld. Counsel for complainant.
Sh. Ld counsel for accused.
Service report received back from Nazarat branch as per which the pre-
cognizance notice has been duly served upon family member of proposed accused. [Reader-
cum-Ahalmad is directed to upload the service reports on the digital platforms of the Court].
However, despite repeated calls, none has appeared on behalf of the proposed accused
today.
A fair opportunity was granted to the proposed accused to appear and explain
why cognizance of offence u/s 138 NI Act should not be taken on the afore-mentioned
complaint. However, the proposed accused, by failing to enter into appearance, has waived
off his right to be heard at this stage.
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
cognizance of offence u/s 138 NI Act.
Hon’ble Supreme Court has laid down in the cases of AC Narayanan v. State of
Maharastra 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 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
affidavit 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
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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 Babala 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 firstand
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 07.11.2025.
Ms. Surbhi Sharma,
Ld. JMFC (NI Act) Digital Court-02,
North-West, Rohini courts,
New Delhi/18.07.2025
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