Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: (Aradhana)
JMFC (NI Act) Digital Court – 04
Central, Tis Hazari Court, Delhi/12.07.2025
13 CC NI ACT / 2687/2025
KAMLESH KUMAR OJHA Vs. MALTI DEVI
Proceedings conducted through Video Conferencing via CISCO Webex app.
12.07.2025
Present: Sh.. Kailash Sharma, Ld Counsel for the complainant.
Sh. Rajesh Sharma, Ld Counsel for proposed accused.
At request of Counsel for the proposed accused matter is passed for 11:00 AM.
At 11:14 AM
Present: Sh.. Kailash Sharma, Ld Counsel for the complainant.
None for proposed accused.
On the first call, matter was passed over at the request of Ld. Counsel for the
proposed accused.
However, none has appeared on behalf of the proposed accused on the second
call.
It appears that the proposed accused does not wish to argue on the point of
summoning. Accordingly, the right of the proposed accused to argue upon the same is hereby
closed.
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.
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(Aradhana)
JMFC (NI Act) Digital Court – 04
Central, Tis Hazari Court, Delhi/12.07.2025
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.
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.
The Reader-cum-Ahlmad is directed to mention the official email id and video
conferencing link of this Court on the summons. Reader-cum-Ahlmad is further directed to
preserve PF form, service report, postal/ courier envelopes and upload scanned copies thereof
on the LAYERS 2.0.
Accused is directed to appear before this court through video conferencing on the
Cisco V. C Room ID https://delhidistrictcourts.webex.com/meet/jmfcniactdc04-ct No.
25151759834.
Put up for appearance of accused, grant of bail and framing of notice under
Section 251 Cr. P.C on 25.09.2025.
AT 12:34 PM
Present: None for complainant.
Sh. Rahul Sharma, Ld. Counsel for the accused.
Since the Ld. Counsel for the accused has entered appearance in person, sumons
need not be issued against the accused.
Ld. Counsel for the accused submits that the copy of the complaint and docyment
has been supplied to him.
Put up on date fixed i.e. 25.09.2025.
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