Full Order Text
Order 3 · 05 Dec 2025 · CNR DLCT020166352025
Order Details: COPY OF ORDER Pdf Text: (Aradhana) JMFC (NI Act) – 09, Central District Tis Hazari Court, Delhi/05.12.2025 66 CC NO. - / 7875/2025 - SANJAY GUPTA Vs. GURUSEV PAL ARORA 05.12.2025 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. Regular Stenographer of this Court in on leave today. Present - Sh. Karan Bhambri, Ld Counsel for the complainant (through VC). 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. -- 1 of 2 -- (Aradhana) JMFC (NI Act) – 09, Central District Tis Hazari Court, Delhi/05.12.2025 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. Put up for appearance of the accused/further proceedings on 06.03.2026. -- 2 of 2 --