Order 7

Order Details: COPY OF ORDER
Pdf Text: 29 CC NI ACT / 3798/2024
Save Housing Finance Limited Vs. Krishna Chandra And Ors
29.08.2025
Present: Sh. Dhanwan Kumar, Proxy Counsel for the complainant through VC.
None for proposed accused.
On 03.03.2025, counsel for proposed accused had appeared and submitted that
he shall argue on point of condonation of delay. On next date of hearing, none had appeared on
behalf of proposed accused. Today also, none has appeared on behalf of accused. Hence, it is
clear that proposed accused does not want to argue on point of condonation of delay.
Accordingly, application for delay in filing the complaint is hereby allowed.
However, perusal of record shows that there is no delay in filing the present
complaint. Hence, there was no need to issue notice of condonation application. However, as
mentioned above, if delay any is still condoned.
The cheque in question is in the name of Krishna Chandra, who is also the
signatory i.e. proposed accused no. 1. Hence, court does not deem it fit to issue notice to
proposed accused no. 2 & 3 who are not the signatory of the cheque in question.
The matter is at the stage of consideration.
File perused. 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. 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 no. 1, on filing of PF/RC/Courier/ Speed Post
within 2 months, 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.
Put up for appearance of accused/ framing of notice/ furnishing of surety/
further proceedings on 05.02.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/29.08.2025
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