Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 66 CC NI ACT / 4474/2025
VIPIN KUMAR TYAGI Vs. SANDEEP SAINI
12.02.2026
Case received by way of transfer.
Present: Sh. Vinod Kumar, Ld. Counsel for the Complainant. (through VC)
Ms. Aradhna Singh, Ld. Counsel for the Accused.
Physical file furnished.
Ahlmad is directed to check the same and furnish report on NDOH.
Vakalatnama filed on behalf of accused. Same is taken on record.
Exemption application filed on behalf of accused . It be taken on record. Heard. Allowed for
today only.
Perusal of complaint shows that the present matter has been filed after 01.07.2024 and the
same falls under Bhartiya Nagarik Suraksha Adhiniyam, 2023 (BNSS). As per Proviso 1 to Section 223 of BNSS,
it is mandatory to hear the proposed accused before taking cognizance. However, in light of the judgment of the
Hon’ble Supreme court in ‘
Sanjabij Tari Vs. Kishore S Borcar’, 2025 INSC 1158, the requirement of hearing the
accused on the point of cognizance is dispensed with.
Accordingly, arguments on cognizance and summoning heard on behalf of the complainant.
I have gone through the entire record including the complaint and the documents. It is alleged
that accused has issued the cheque in question to the complainant to discharge his liability. On its presentation the
same was dishonored. Therefore, demand notice was sent to the accused by the complainant. Despite
service/deemed service of said notice, accused has failed to make the payment as per provisions of Negotiable
Instruments Act.
The counsel for the complainant submits that dictum of "A. C. Narayanan Vs. State of
Maharashtra & Anr." (2014) 11 SCC 790 is also applicable to complaints u/s 138 NI Act.
Complaint, affidavit of evidence and documents considered in light of above cited judgment.
In opinion of this Court, there is no need to examine the complainant/witnesses for purpose of issuance of process.
In view of complaint, documents produced and verification in the form of affidavit of evidence, there are sufficient
grounds for proceeding further against accused person(s) for offence punishable under Section 138 NI Act.
As the accused has already entered appearance, he need not be summoned afresh.
Ld. Counsel for the accused submits that he has received the complete set of
documents/complaint.
Ld. Counsel for the accused submits that the accused may be granted bail. Heard. Since the
offence punishable u/s 138 N.I. Act is bailable in nature. Accused is admitted to bail subject to the condition that
he furnishes bail bonds to the tune of Rs.20,000/- with one surety in the like amount on NDOH.
Put up for furnishing of bail bonds of accused/ framing of notice u/s 274 BNSS on 15.05.2026.
Accused is directed to appear physically on the next date of hearing, failing which coercive
action may be taken to secure the presence of the accused.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
12.02.2026
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