Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22 CC NI ACT / 11873/2025 RAKESH KUMAR Vs. ASHOK /0 (Chandni Mahal)
31.01.2026
Present: Ms. Mamta, Ld. Counsel for the complainant, through VC.
Matter is at the stage of consideration.
In terms of judgment of Hon’ble Supreme Court of India in ‘Sanjabij
Tari v. Kishore S. Borcar & Anr.’, pronounced on 25.09.2025, in Criminal Appeal
No.1755/2010, requirement for issuing notice u/s 223 BNSS to proposed accused
stands dispensed with.
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 on filing of PF, RC and speed post as well
as by electronic mode details (WhatsAPP and E-mail). Summons may be served by
way of affixation in case the premises of the accused are found locked or if the
summons could not be served personally or upon a male family member. Steps be
taken within two weeks. Complainant is directed to supply the complete set of
documents filed in the court including the pre-summoning evidence affidavit of
complainant. Ahlmad is directed to issue the summons only after ensuring that the
same has been done.
Ahlmad is directed to make the endorsement on the summons in terms of
the guidelines of Hon’ble Supreme Court passed in ‘Damodar S. Prabhu v. Sayed
Babalal H. [(2010) 5 SCC 663]’. Ahlmad is directed to mention the official e-mail ID
and VC Link of this Court on the summons.
Put up for appearance of the accused and further proceedings on
04.07.2026.
(ARJUN KIRAR)
JMFC (NI Act)- 05/ Central District
THC/Delhi/31.01.2026
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