Full Order Text
Order 3 · 26 Nov 2025 · CNR DLCT020088682025
Order Details: COPY OF ORDER Pdf Text: 67 CC NI ACT / 4503/2025 Rakesh Kumar Srivastava Vs. Rajeev Kr Srivastava Proceedings conducted through hybrid mode. 26.11.2025 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. Present: Complainant in person. Sh. Nitin Sharma, Ld. Counsel for the proposed accused alongwith proposed accused. Matter received back as unsettled from the Mediation Centre. At joint request, put up for 1 pm. (Aradhana) JMFC (NI Act) – 09, Central District Tis Hazari Court, Delhi/26.11.2025 At 01:02 pm Present: Sh. A Alam, Ld Counsel for the complainant alongwith complainant. Sh. Ankit, Ld. Proxy Counsel for the accused alongwith accused. 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. Since the accused has entered appearance before the court, issuance of formal summons is hereby dispensed with. Offence being bailable, accused is admitted to bail subject to furnishing of personal bonds in the sum of Rs.20,000/- with one surety of like amount. Personal bonds furnished on behalf of accused. Same are accepted till NDOH. At this stage the accused seeks some time to furnish surety. Put up for furnishing of surety and framing of notice under Section 251 Cr. P.C on 28.01.2026. (Aradhana) JMFC (NI Act) – 09, Central District Tis Hazari Court, Delhi/26.11.2025 -- 1 of 1 --