Order 4

Order Details: COPY OF ORDER
Pdf Text: 68 CC NI ACT 2002/2025
Tata Power Delhi Distribution Limited Vs. SUNIL KLAWAT
05.12.2025
Present: Sh. Satyender Kumar, Ld. Counsel for complainant.
None for proposed accused.
Matter has been received by way of transfer today from Ld. JMFC, NI Act,
Digital Court-01, Central, THC in compliance
of Delhi High Court Order No.
46/DHC/Gaz-IIB/G-7/VI.E.2(a)/2025 dated 18.11.2025.
Complainant has filed the complete physical filed.
Despite opportunity being give to the proposed accused on the point of
summoning, he has failed to do so. Accordingly, his right to argue on the same is closed.
Moreover, in terms of the guidelines passed by Hon’ble Supreme Court of
India, in case titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr., 2025 (SC) 952, decided
on 25.09.2025, there is no requirement to issue notice u/s 223 BNSS in complaint case u/s
138 NI Act. Accordingly, the stage of notice u/s 223 BNSS is dispensed with.
The matter is at the stage of consideration.After perusal of the entire record,
this court is of the considered opinion that prima facie case punishable u/s 138 of NI Act is
made out against the accused. Cognizance of the same is taken.
Perusal of case file reveals that cheque in question was presented for
encashment and was returned dishonored vide return memo. Accused has failed to make
payment within the legally prescribed period despite the service of legal demand notice
upon him. The complaint is within the territorial jurisdiction of this court and is within
limitation. Enquiry u/s 225 BNSS conducted by scrutinizing documents.
Arguments on summoning heard. Following the law laid down in A.C.
Narayanan Vs. State of Maharashtra & Anr. (2024) 11 SCC 790, complaint, evidence by
way of affidavit and documents considered. In view of complaint, documents produced
and verification in the form of affidavit there are sufficient grounds for proceeding further
against the accused for offence punishable u/s 138 NI Act.
Issue summons to the accused, on filing of PF within three months, through
all modes.
Complainant is directed to supply the soft copy of complaint and documents
to the accused well in time.
In case of online service, complainant is directed to file requisite affidavit
with contact details of the accused and certificate U/s 63 BSA to show due service through
online mode. Complainant is directed to file proof of service.
Put up for appearance of accused/ framing of notice/furnishing of surety on
12.10.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/05.12.2025
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