Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19 CC NI ACT / 7032/2026
THE TIMES OF INDIA EMPLOYEES COOPERATIVE THRIFT CREDIT SOCIETY
DELHI LIMITED Vs. KAUSTUBH SHARMA
21.07.2026
Fresh case is received by way of assignment. It be checked and registered.
Present: Sh. BK Singh, Ld. Counsel for complainant.
Matter is at the stage of consideration.
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.
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.
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 on
the no. 9818028814 and 9667095168, 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)
.
Put up for appearance of accused/ framing of notice/furnishing of surety
on 30.04.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi 21.07.2026
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