Full Order Text
Interim Order 1 · 01 Jul 2026 · CNR DLCT020234002026
Order Details: COPY OF ORDER Pdf Text: 40 CC NI ACT / 8014/2026 M/S ARKAY OVERSEAS Vs. M/S SHRI DURGA TRADING CO /0 (Lahori Gate) 01.07.2026 Fresh case received by way of assignment. It be checked and registered as per rules. Present: Sh Sunil Kumar, Ld counsel for the complainant through VC. This is a fresh case. In the light of recent judgment of Hon’ble Supreme Court of India in “Sanjabij Tari v. Kishore S. Borcar & Anr., 2025 LiveLaw (SC) 952”, there shall be no requirement to issue summons to the accused in terms of Section 223 of BNSS i.e., at the pre-cognizance stage. Hence, appearance of proposed accused is hereby dispensed with. Perusal of the record reveals that legal demand notice sent to the proposed accused returned to the sender. However, Ld. Counsel for complainant submits that the same has been sent at the last known address of the proposed accused. Accordingly, complainant is directed to file affidavit of proof of service of the legal demand notice to the proposed accused on or before NDOH in view of judgment ie. HDFC Vs. Amit Kumar, AIR 2010(NOC) 407 (DEL.), 2010 of Hon’ble High Court. Be put up on 08.09.2026. (Navdeep Gupta) JMFC (NI Act-02)/Central THC/Delhi/01.07.2026 -- 1 of 1 --