Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 CC NI ACT / 12224/2025 MAA VAISHNO HOSIERY Vs. MAHAVEER
TRADING COMPANY
27.02.2026
Present:Sh. Sunil Kumar, Ld. Counsel for complainant.
Matter is at the stage of arguments on the application seeking condonation of delay in filing
the present complaint.
Notice issued to the proposed accused not received back.
However, tracking report has been filed on behalf of the complainant. As per the same, the
item delivery is confirmed.
However, none is present on behalf of the proposed accused.
In view of the same, the right of the proposed accused to argue on the present application
seeking condonation of delay stands closed.
Heard. Record perused.
The complainant has sufficiently explained the reason for not filing the present complaint
within the limitation period. In view of the same, the delay stands condoned.
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.
Arguments on point of summoning have been heard. File has been perused. All the statutory
requirements under NI Act are complied with. The delay in the present matter has been condoned today. 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 07.08.2026.
(ARJUN KIRAR)
JMFC (NI Act)- 05/ Central District
THC/Delhi/27.02.2026
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