Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 10228/2023
MR MUK.ESH RAJPUT PROPRIETOR OF SHELLA BEAUTY PRODUCTS Vs.
AJAY AWASTHI
01.10.2026
Present: Ms. Kirti, Ld. Proxy Counsel for complainant (through VC).
Proposed accused no. 1 Ajay Drawer and Signatory is absent.
Proposed accused no. 2 Poonam, Non Drawer and non signatory is
absent
Sh. Arshia, Ld. Counsel for both proposed accused (through VC).
Matter is at the stage of consideration.
Clarifications were required with regard to date of dishonor of cheque
in question.
Complainant has failed to take steps to issue notice to the bank
witness.
Perusal shows that matter is pending for consideration since 2023 and
repeatedly opportunities have been given to the complainant to pursue the matter.
Today also, steps have not been taken by the complainant.
In the interest of justice, one more last and final opportunity is granted
to complainant to take steps for issuing notice to the bank witness, FAILING
WHICH MATTER SHALL BE DISMISSED FOR NON-PROSECUTION.
Similar caution was given to the complainant vide order dated
18.01.2026
Accordingly, issue fresh notice to bank witness from complainant bank
to clarify about the date of return of cheque in question on filing of PF within two
months from today returnable for NDOH. Bank witness is directed to produce the
relevant record to explain the date of return, whether it is 19.06.2023 or 18.08.2023.
LET COPY OF CHEQUE ALONG WITH RETURN MEMO BE
SENT ALONG WITH THE NOTICE.
Date on postal receipts of the legal demand is 06.07.2023 and the date
on legal demand notice is also 06.07.2023. Date of return of memo as mentioned in
the legal demand notice is 19.06.2023. However, two dates mentioned on the return
memo issued by the bank are 19.06.2023 and 18.08.2023.
Due to the delay on behalf of complainant, said opportunity is granted
subject to cost of Rs. 1,500/- imposed on the complainant to be paid to NGO “AB
SEVA FOUNDATION SANSTHAN” on the UPI no. 8529243603. Receipt of the
same be filed by NDOH.
PAYMENT OF COST IS PRE REQUISITE.
Put up for consideration on 29.06.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/01.10.2026
-- 1 of 1 --