Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 49 CC NI ACT 9322/2025
M/S MAHENDRA STEELS Vs. M/S GSBA BUILDERS PRIVATE LIMITED
11.11.2025
Today undersigned is also working as Duty JMFC.
Present: Sh. Manoj Ahuja, Ld. Counsel for complainant through VC.
Sh. Mandeep Singh, Ld. Counsel for proposed accused persons
through VC.
Arguments Heard on behalf of both parties.
There are specific averments as per section 141 NI Act against accused
no. 2 to 5 who are also Directors. Master Data is also on record. Proposed accused
no. 6 is stated to be Purchase Manager, who used to place the orders with the
complainant. Specific averments of the same are on record. It is stated that he used
to place the purchasing orders and hence, was involved for day to day affairs of the
business.
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.
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, accused no. 2 Pranvat,
accused no. 3, Ankur, accused no. 4, Gurdeep, accused no. 5, Poonam (all are
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Directors), and accused no. 6, Sanjay, Purchase Manager on filing of PF within two
months, through all modes.
Since counsel for accused persons has entered appearance, issuance of
formal summons is dispensed with.
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.
Accused persons are directed to appear in person on NDOH.
Put up for appearance of all accused/ framing of notice/furnishing of
surety on 30.05.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/11.11.2025
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