Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 125 CC NI ACT / 4113/2024 NAVENDU CO OPERATIVE URBAN THRIFT AND CREDIT
SOCIETY LTD Vs. REKHA SINGH /0 ()
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
09.07.2025
Present: Ms. Seeta Mishra, Ld. counsel for complainant.
None for proposed accused.
As per service report received on LDOH, pre-cognizance notice was duly
served upon proposed accused. However, despite repeated calls, none has appeared on behalf
of the proposed accused.
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 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.
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.
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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 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 affixa-
tion. 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 be-
fore 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, com-
pounding 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 Le -
gal 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 04.11.2025.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/09.07.2025
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