Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 53 CC NI ACT / 4057/2024 Aldeko Panels Pvt Ltd Vs. SHAILENDRA KUMAR /0 (Keshav
Puram)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
08.07.2025
Present: Sh. Gaurav, Ld. counsel for complainant.
None for proposed accused.
As per service report received back on LDOH, the pre-cognizance notice has
already been duly served upon proposed accused. 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 re-
ceipt 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 ap-
pears 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.
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.
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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 12.11.2025.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/08.07.2025
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