Order 3

Order Details: COPY OF ORDER
Pdf Text: 50 CC NI ACT / 9528/2025 VEENA Vs. AMARNATH /0 (Sarai Rohilla)
11.03.2026
Present: Complainant with Ld counsel.
Proposed accused with ld counsel.
Matter is at the stage of consideration.
Fresh vakaltnama has been filed on behalf of proposed accused. Same is taken
on record.
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 his appearance, therefore, his formal
summoning is hereby dispensed with.
Ld. Counsel for the accused submits that copy of the complaint has already
been received. Bail bonds furnished. Same are accepted.
Notice of accusation has been served upon the accused, to which accused
pleaded not guilty and claimed trial. His plea of defence has also been recorded separately.
Admission & denial done. Therefore, witness no. 2 & 3 stand dropped from
the list of witnesses on account of admission by accused.
Considering the plea of defence taken by the accused, it is clear that plausible
defence has been raised for which an opportunity for cross-examination of the complainant
is fit to be given to the accused u/s 145(2) NI Act. The need for filing a formal application
stands dispensed with.
In these circumstances, in view of the second proviso to section 143 (1) of the
NI Act, instead of being tried summarily, this case shall now be heard as a summons trial
case.
Be put up for CE on 29.07.2026.
(Navdeep Gupta)
JMFC (NI Act-02)/Central
THC/Delhi/11.03.2026
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