Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: 2 CC NI ACT 10228/2023
MR MUK.ESH RAJPUT PROPRIETOR OF SHELLA BEAUTY PRODUCTS Vs.
AJAY AWASTHI
15.05.2026
Present: Ms. Ishika Kanyal and Gourango Pradhan Ld. Proxy Counsels for
complainant.
Proposed accused no. 1, Ajay, Signatory and drawer is absent.
Proposed accused no. 2, Poonam, non signatory non drawer is absent.
Ms. Arshia Jain, Ld. Counsel for both proposed accused.
Matter is at the stage of consideration.
Certain clarifications were required on behalf of the complainant w.r.t
the return memo dated 18.08.2023 and the legal notice dated 06.07.2023 , which is
prior to date of the return memo.
Ld. Proxy Counsel for complainant submits that date of return of
cheque is 19.06.2023, the same is mentioned in the return memo and there has been
clerical/typographical error in mentioning the dated as 18.08.2023. Hence, they have
requested that the bank witness be called to clarify on this aspect. It is further
submitted that information about the dishonor of the cheque was received by the
complainant on 19.06.2023 itself. Same has been mentioned in the complaint.
Accordingly, issue notice to bank witness from complainant’s bank to
clarify about the date of return of cheque as there are 2 dates mentioned on the return
memo, 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 and the intimation sent to the complainant about the same.
Let copy of cheque along with return memo and the present order be
sent along with notice.
An application for condonation of delay filed on behalf of complainant
is also pending adjudication.
Put up for consideration on 01.10.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/15.05.2026
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