Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 22 CC NI ACT 9314/2025
M/S FOODS THROUIGH ITS PROP SHAZEB Vs. M/S DONNA BAR AND KITCHEN
PVT LTD
17.07.2026
Present: Sh. Afsar Nabi, Ld. Counsel for complainant.
None for proposed accused.
Matter is at the stage of consideration.
Notice u/s 223 BNSS issued to the proposed accused not received back.
However, 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.
File perused. 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. 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.
Ld. Counsel for complainant submits that proposed accused no. 2 is the
Director and signatory of the cheque in question. There are specific averments as per
section 141 NI Act against proposed accused no. 2 in the complaint.
Issue summons to the accused no. 1 company and accused no. 2 Dev,
(Managing Director and signatory) 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.
Summons should carry an endorsement that accused is at liberty to settle the
matter and pay the amount to the complainant by reaching out the complainant side on the
no. 9873818668, in view of the judgment passed by Hon’ble Supreme Court of India, in
case titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr., 2025 (SC)
.
The complainant is also directed to file the master data of accused no. 1
company.
Put up for filing of master data/ appearance of accused/ framing of notice/
furnishing of surety/ further proceedings on 27.04.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/17.07.2026
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