Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 33 CC NI ACT / 7213/2026 Nand Kishore Pareek Vs. Mohd Hasnain
04.08.2026
Present: Sh. Ayush, Ld. Counsel for complainant (through VC).
Matter is at the stage of consideration.
In terms of judgment of Hon’ble Supreme Court of India in ‘Sanjabij Tari v. Kishore
S. Borcar & Anr.’, pronounced on 25.09.2025, in Criminal Appeal No.1755/2010, requirement for
issuing notice u/s 223 BNSS to proposed accused stands dispensed with.
Pre-summoning Evidence by way of affidavit has been filed on behalf of the
complainant. Original documents have been filed on record along with complaint. Statement of the
complainant/ AR of complainant at pre-summoning stage stands dispensed with in terms of
judgment of Hon’ble Supreme Court of India in ‘A. C. Narayanan v. State of Maharashtra & Anr.
[(2014) 11 SCC 790]’.
Arguments on point of summoning have been heard. File has been perused. All the
statutory requirements under NI Act are complied with. The present complaint case is filed within
period of limitation. On examination of documents filed along with the present complaint, the Court
is satisfied that prima facie offence punishable under Section 138 of N.I. Act is made out against the
accused. Hence, I take cognizance of the offence punishable under Section 138 N.I. Act, 1881.
Issue summons to the accused on filing of PF, RC and speed post as well as by
electronic mode details (WhatsAPP and E-mail). Summons may be served by way of affixation in
case the premises of the accused are found locked or if the summons could not be served personally
or upon a adult family member. Steps be taken within two weeks. Complainant is directed to supply
the complete set of documents filed in the court including the pre-summoning evidence affidavit of
complainant. Ahlmad is directed to issue the summons only after ensuring that the same has been
done.
Ahlmad is directed to make the endorsement on the summons in terms of the guidelines of
Hon’ble Supreme Court passed in ‘Damodar S. Prabhu v. Sayed Babalal H. [(2010) 5 SCC 663]’.
Ahlmad is directed to mention the official e-mail ID and VC Link of this Court on the summons.
Put up for appearance of the accused and further proceedings on 09.12.2026.
(ARJUN KIRAR)
JMFC (NI Act)- 05/ Central District
THC/Delhi/04.08.2026
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