Order 2

Order Details: COPY OF ORDER
Pdf Text: 33 CC NI ACT / 9331/2025
Paptech India Pvt Ltd Vs. Amaya Paper Products Private Limited
16.09.2025
Present: Sh. D. R. Jain, Ld. Counsel for the complainant.
Proposed accused no. 1 company.
Proposed accused no. 2 Vijay director and signatory.
Proposed accused no. 3 director.
Notice U/s 223 BNSS not received back.
Complainant has filed proof of service of notice through whatsapp
and e-mail of proposed accused no. 1 company on behalf of all proposed
accused.
Copy of screenshot along with certificate U/s 63 BSA which
mentions the proper details of the phone no. of the accused has also been filed.
Considering the delivery of notice through online mode, it is
deemed that the proposed accused does not wish to argue on the point of
summoning. Accordingly, opportunity for the same is hereby closed.
The matter is at the stage of consideration.
Arguments on summoning heard.
File perused. There are specif averments against the directors as per
section 141 NI Act. Master data is on record.
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
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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.
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 no. 1 company and no. 2 & 3
directors, on filing of PF within two months, through all modes.
Complainant is directed to file proof of service.
Accused no. 2 & 3 are directed to clarify that who is
representing accused no. 1.
Put up for appearance of accused/ framing of notice/furnishing of
surety on 18.02.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/16.09.2025
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