Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: (Aradhana)
JMFC (NI Act) – 09, Central District
Tis Hazari Court, Delhi/06.12.2025
69 CC NO. - / 1870/2025 BADAI Vs. SURESH CHAUHAN /
06.12.2025
Matter received by way of transfer in pursuance of order of Ld. Principal District & Sessions
Judge (Hqs), Delhi vide order no. 91487-91504/F.3(4)JMFC/Gaz./2025 dated 20.11.2025. It
be checked and registered.
Regular Stenographer of this Court in on leave today.
Present - Sh. Sudesh Kumar, Ld Counsel for the complainant with complainant
(through VC)
Arguments heard on behalf of the complainant.
File perused.
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 202 Cr.PC conducted by scrutinizing documents.
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.
All the statutory requirements under NI Act are complied with. 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.
I hereby take cognizance of the offence.
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(Aradhana)
JMFC (NI Act) – 09, Central District
Tis Hazari Court, Delhi/06.12.2025
Issue summons to the accused, on filing of PF/RC/Courier/ Speed Post
within 30 days, as well as through e-mail on the address(s) mentioned in the memo of
parties. Service effected through the parties by the complainant be subject to filing of
report of service.
In case the service is not possible due to the premises being locked, or due
to unavailability or refusal, the process server is directed to serve the summons by way
of Affixation and file a photograph of the affixed summons clearly indicating the place
where they are affixed in a manner which shows that the affixation has been done on the
given address, as best possible.
Put up for appearance of the accused/further proceedings on 18.03.2026.
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