Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 8 CC NI ACT 3052/2024
INDUSIND BANK Vs. LAL CHAND
19.08.2026
Present: Sh. Devender, Ld. Proxy Counsel for complainant.
None for accused.
Matter is at the stage of consideration and was pending for filing of
application for condonation of delay.
However, today E-filing history history has been filed on behalf of
complainant. Taken on record. As per the E-filing history, complaint is filed within
the limitation. Accordingly, there is no requirement to file an application for
condonation delay.
Matter is pending for consideration since 2024 due to delay on behalf
of complainant as repeatedly adjournments were sought for absence of AR. Today
also, AR of the complainant is not available.
File perused. 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 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.
Arguments on summoning heard. 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.
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Issue summons to the accused, on filing of PF within three months,
through all modes.
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.
Summons should carry an endorsement that accused is at liberty to
settle the matter and pay the amount to the complainant by reaching out the
complainant on the no. 9818509714, in view of the judgment passed by Hon’ble
Supreme Court of India, in case titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr.,
2025 (SC)
.
Put up for appearance of accused/ framing of notice/furnishing of
surety on 28.04.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/19.08.2026
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