Order 4

Order Details: COPY OF ORDER
Pdf Text: 24 CC NI ACT / 3024/2025
Root N Nutrition Vs. Ajayveer
PS (Ashok Vihar)
17.04.2026
Present: Sh. Bhoop Singh, Ld. Counsel for complainant.
E-filing certificate/ affirmation/ history not filed.
Put up the matter for consideration at 2 PM.
(ABHINAV SINGH)
JMFC-01/NW/Rohini
17.04.2026
At 2 PM
Present: Sh. Bhoop Singh, Ld. Counsel for complainant through video
conferencing.
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 for offence punishable
under Section 138 N. I. Act.
Hence, issue summons against the accused on
P.F./R.C./Approved Courier for 28.09.2026. 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.
Complainant is directed to file PF and take steps within 30 days
including providing copy(ies) of complaint otherwise the complaint may be
dismissed U/s 204(4) Cr. P.C. Receipt of PF be produced before this court on
the NDOH.
(ABHINAV SINGH)
JMFC-01/NW/Rohini
17.04.2026
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