Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 98 CC NI ACT 10185/2025
Tata Power Delhi Distribution Limited Vs. SUNIL
28.11.2025
Present: Sh. Satender Kumar, Ld. Counsel for complainant through VC.
Notice u/s 223 BNSS issued to the proposed accused not received
back.
In terms of the guidelines passed by Hon’ble Supreme Court of India,
in case titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr., 2025 (SC) 952, decided
on 25.09.2025, there is no requirement to issue notice u/s 223 BNSS in complaint
case u/s 138 NI Act. Accordingly, the stage of notice u/s 223 BNSS is dispensed
with.
The matter is at the stage of consideration. 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, on filing of PF within three months,
through all modes.
Complainant is directed to supply the soft copy of complaint and
documents to the accused well in time.
In case of online service, complainant is directed to file requisite
affidavit with contact details of the accused and certificate U/s 63 BSA to show due
service through online mode. Complainant is directed to file proof of service.
Put up for appearance of accused/ framing of notice/furnishing of
surety on 13.07.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/28.11.2025
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