Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 60 CC NI ACT / 4642/2025 DECENT SECURITIES PVT LTD Vs. SANTOSH KUMAR
YADAV /0 (Maurya Enclave)
Proceedings conducted online through video conferencing using CISCO WEBEX
software.
(The court is physically operational from Rouse Avenue Court complex.
Work station of the court is functioning from Rohini Court Complex.)
04.10.2025
Present: Sh. Parmender, Ld. counsel for complainant.
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 ju-
risdiction to entertain the same. Further, as per the averments made in the complaint, prima fa-
cie, an offence u/s 138 of Negotiable Instruments Act, 1881 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.
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 no. 1 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-
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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 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
compounding of the offence at the first and second hearing of the case and if such an applica -
tion is made, compounding may be allowed by the court without imposing any costs on the ac-
cused. And if the application is made at a subsequent stage, compounding can be allowed sub-
ject 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 authority as the Court deems fit.”
Furthermore, it be clearly specified on the summons that, this court being a digital
court, the proceedings are conducted online through Webex Video Conferencing application
and the accused is to remain present through the VC link of the Court on NDOH.
Put up for report on summons/appearance of accused and further
proceedings on 26.03.2026.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/04.10.2025
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