Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27 CC NI ACT / 11036/2025 Rakesh Chauhan Vs. Ombir /0 (Roop Nagar)
28.01.2026
Present: Sh. Dinesh Joshi, Ld. Counsel for complainant.
Today, Ld. Counsel for complainant has filed stamped and signed return memo
in view of the order dt. 13.11.2025 along with original postal receipt and tracking report.
Same be taken on record.
Right of proposed accused to argue on the point of cognizance was closed
v.o.d. 13.11.2025.
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 adult 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 30.04.2026.
(ARJUN KIRAR)
JMFC (NI Act)- 05/ Central District
THC/Delhi/28.01.2026
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