Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 33 CC NI ACT / 9446/2025 forever books pvt ltd Vs. SANTANU NATH /0 (Darya Ganj)
31.01.2026
Present: Mr Atul Bansal, Ld counsel for the complainant.
Mr Saharul Alam, Ld counsel for the proposed accused through VC
(8777768011)
Matter is at the stage of consideration.
Oral exemption from personal appearance is sought on behalf of proposed
accused. Same is allowed for today only.
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.
Accordingly, arguments heard on point of summoning.
Following the law laid down in A. C. Narayanan Vs. State of Maharashtra &
Anr. (2014) 11 SCC 790 and in view of complaint; documents produced with respect to
return of cheque on dishonourment and service of legal demand notice; and verification in
the form of affidavit of evidence, there are sufficient grounds for proceeding further against
accused for offence punishable under Section 138 NI Act.
Since the accused has entered appearance through his counsel, therefore,
formal summoning of the accused is hereby dispensed with.
Ld. Counsel for the accused submits that complete set of documents is not
available with the accused. Ld. Counsel for the complainant submits that he shall supply the
same to the accused.
Be put up for framing of notice/furnishing of bail bonds on 05.06.2026.
Accused is directed to appear in person on the NDOH.
(Navdeep Gupta)
JMFC (NI Act-02)/Central
THC/Delhi/31.01.2026
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