Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 68 CC NI ACT / 1302/2025
MAHINDRA PAHARIA Vs. SHAILENDER PRASAD
(Subhash Place)
30.05.2026
Present: Sh. Keshav Jha, Ld. Counsel for complainant.
Clarifications have been addressed on behalf of the
complainant and citations in support of arguments on the maintainability of the
present complaint have also been filed on record.
On the basis of the complaint and the original documents
annexed with the complaint, the court is satisfied that the complaint is filed
within limitation period and falls in the territorial jurisdiction of this court.
Accordingly, cognizance of the offence is taken.
Complaint, affidavit of evidence and documents considered.
In light of judgment titled as “A. C. Narayanan Vs. State of Maharashtra
& Anr.” (2014) 11 SCC 790, wherein Hon'ble Supreme Court of India
held that “...it is a matter of discretion and the Magistrate is not bound to
call upon the complainant to remain present before the court and to examine
him upon oath for taking decision whether or not to issue process on the
complaint under Section 138 of the NI Act”, this court is of the opinion that
there is no need to examine the complainant for purpose of issuance of
process. There are sufficient grounds for proceeding further against accused
no.1 and 2 for offence punishable under Section 138 N. I. Act.
Hence, issue summons against the accused no.1 and 2
(signatory), on P.F./R.C./Approved Courier for 13.10.2026. The
complainant can provide email address/whatsapp number of accused person,
if any for service. The service of summons through email, whatsapp
message(s) and text message(s) is also permitted provided the complainant
files an affidavit to the effect that number on which the said message(s) are
sent is/are of the accused and further subject to filing of report of service.
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 that if application for
compounding at first or second hearing is made the court may pass
appropriate orders at the earliest as per judgment of M/s Meters and
Instruments P. Ltd Vs. Kanchan Mehta, (2018) 1 SCC 560 and if
settlement is made at subsequent stage the consequences as envisaged in
Damodar S. Prabhu (2010) 5 SCC 663 shall be enforced.
(ABHINAV SINGH)
JMFC-01/NW/Rohini
30.05.2026
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