Full Order Text
Order 9 · 12 Jul 2025 · CNR DLCT020253582023
Order Details: COPY OF ORDER Pdf Text: 1 CC NI ACT 8331/2023 MAHAVIR ELASTIC INDUSTRIES THROUGH ITS SOLE PROPRIETOR Vs. AARAV INTERNATIONAL 12.07.2025 The undersigned has joined this court vide order No. 16/DHC/Gaz.IIB/G 7/VI.E.2(a)2025, dated 30.05.2025. Present: Sh. Pawan Kansal, Ld. Counsel for the complainant. Matter is at the stage of consideration. The complainant had filed application for leading secondary evidence in the present case as the original cheque was lost at the time of filing the complaint. Bank witness has already been examined, who has placed on record the cheque image of the cheque in question alongwith return memo and same has already been exhibited as CW1/A. Original return memo is on record. Considering the averrment of lost as the time of filing complaint, the application for leading secondary evidence is allowed as procedure is in handmaid of justice. 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 202 Cr.PC 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. Issue summons to the accused i.e. accused proprietor, on filing of PF/RC/Courier/ Speed Post within 30 days, as well as through email on the address(s) mentioned in the memo of parties. Service effected through the parties by the complainant be subject to filing of report of service. In case the case is not possible due to premises being locked, or due to unavailability or refusal, the process server is directed to serve the summons by way of affixation and file a photograph of the affixed summons clearly indicating the place where they are affixed in a manner which shows that the affixation has been done at the given address, as best as possible. Put up for appearance of accused/ framing of notice on 11.11.2025. (URVI GUPTA) J.M.F.C.01(N.I.Act)/Central, THC/Delhi/12.07.2025 -- 1 of 1 --