Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 67 CC NI ACT / 1139/2025 Mufin Green Finance Limited Vs. RAJENDRA RAI /0 (Subhash
Place)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
03.07.2025
Present: Sh. Shorya gupta, Ld. counsel for complainant.
None for accused.
Service report received back from Nazarat branch as per which the pre-
cognizance notice has been duly served upon proposed accused through WhatsApp. [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. Record perused.
The facts on the basis of which the proposed accused person has submitted that
there is no legally enforceable debt or liability existing towards the complainant can only be
substantiated by way of leading evidence which in turn becomes a subject matter of trial. At the
stage of taking cognisance, the Court merely has to see if the facts as stated in the complaint,
prima facie, reveal commission of any offence and thus cannot conduct a roving inquiry and
decide upon questions of fact. Therefore, at this stage, this Court finds no merit in the
submissions of the proposed accused person.
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 jus -
risdiction to entertain the same. Further, as per the averments made in the complaint,
prima fa-
cie, 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.
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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 af -
fidavit, 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 suffi-
cient material on record to summon the accused.
Accordingly, let summons be issued to the accused for NDOH, through all per-
missible 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 ac-
cused is found to be locked, summons be served by way of affixation. Furthermore, if the Com-
plainant 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 be-
fore 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 compound-
ing 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 con-
dition 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.”
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Put up for report on summons/appearance of accused person(s) and further
proceedings on 16.12.2025.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/03.07.2025
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