Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 60 CC NI ACT 8261/2024
PS KAROL BAGH
Dalip Walia Vs. Sumit Rawat
11.07.2025
Present: Sh. Manokul Chandra, Ld. Counsel for complainant alongwith
complainant in person.
Sh. Nitish Gupta, Ld. Counsel for proposed accused.
Proposed accused is absent.
Matter is at the stage of consideration on present complaint/ arguments
on point of cognizance.
Arguments on point of cognizance have been heard on behalf of both
parties. Ld. Counsel for proposed accused submits that he wishes to contest the
present matter on merits.
Pre-summoning Evidence by way of affidavit has been filed on behalf of
the complainant. Original documents have been filed on record along with complaint.
Statement of the complainant/ AR of complainant at pre-summoning stage stands
dispensed with in terms of judgment of Hon’ble Supreme Court of India in ‘A. C.
Narayanan v. State of Maharashtra & Anr. [(2014) 11 SCC 790]’.
Arguments on point of summoning have been heard. File has been
perused. All the statutory requirements under NI Act are complied with. The present
complaint case is filed within period of limitation. On examination of documents filed
along with the present complaint, the Court is satisfied that prima facie offence
punishable under Section 138 of N.I. Act is made out against the accused. Hence, I
take cognizance of the offence punishable under Section 138 N.I. Act, 1881.
Issue summons to the accused. Ld. Counsel for accused has accepted
service on behalf of the accused.
Accused is directed to remain present in person on NDOH.
Put up for purpose fixed on 14.11.2025.
(ARUSHI PARWAL)
JMFC (NI Act) – 05/ Central District
THC/Delhi/11.07.2025
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