Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 26 CC NI ACT 8814/2026
Prime Optics Vs. Ms Weblens India Private Limited and Ors
12.08.2026
Fresh case is received by way of assignment. It be checked and registered.
Present: Sh. Noor ul Islam, Ld. Counsel for complainant (through VC).
Matter is at the stage of consideration.
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 225 BNSS 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.
Through the legal demand notice, complainant has demanded the
outstanding amount from the proposed accused side which is more than the total amount of
cheques in question. However, the notice clearly mentions the details of the present cheques
in question and the amount claimed through the said cheques. Hence, the legal demand
notice is considered for the purposes of summoning.
There are specific averments as per section 141 NI Act against accused no. 2
and 3. Master Data is also on record.
Issue summons to the accused no. 1 company, accused no. 2 Pradeep,
(Director and Signatory) and accused no. 3 Manish, (Director and signatory) on filing of
PF within three months, through all modes.
Complainant is directed to supply the soft copy of complaint and documents
to the accused well in time.
In case of online service, complainant is directed to file requisite affidavit
with contact details of the accused and certificate U/s 63 BSA to show due service through
online mode. Complainant is directed to file proof of service.
Summons should carry an endorsement that accused is at liberty to settle the
matter and pay the amount to the complainant by reaching out the complainant on the no.
9810209507, in view of the judgment passed by Hon’ble Supreme Court of India, in case
titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr., 2025 (SC)
.
Put up for appearance of accused/ framing of notice/ furnishing of surety/
further proceedings on 20.05.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/12.08.2026
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