Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 47 CC NI ACT No. 9739/2025
PS SADAR BAZAR
Himanshi Prop of Ms Yash Enterprises Vs. Roopam Aggarwal
24.09.2025
Present: Sh. Akshat Sawal, Ld. Counsel for complainant.
AR of complainant (through VC).
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
electronically served.
Despite service, proposed accused is neither present nor has filed
/ presented any submissions on point of cognizance. Accordingly, right of
proposed accused to present arguments / submission on the point of
cognizance is hereby closed.
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. 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
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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
23.01.2026.
(ARUSHI PARWAL)
JMFC (NI Act) – 05/ Central District
THC/Delhi/24.09.2025
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