Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 40 CC NI Act No. 9403/2025
PS Kotwali
KLAS PRODUCTS PVT LTD Vs. Shashi Kumar
18.11.2025
Present: Sh. Rohan Nagpal, Ld. Counsel for complainant (through VC).
AR of complainant is absent.
None for proposed accused.
Matter is at the stage of consideration on present complaint/
arguments on point of cognizance.
Notice issued to proposed accused has been received back
unserved.
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.
An affidavit qua territorial jurisdiction pertaining to the present
complaint has been filed on behalf of complainant alongwith copy of bank
account statement of complainant. Taken on record.
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.
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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
23.03.2026, alongwith connected matter.
(ARUSHI PARWAL)
JMFC (NI Act) – 05/ Central District
THC/Delhi/18.11.2025
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