Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 52 CC NI ACT / 10017/2024 Ashraf Vs. Iqbal Sah /0 (Karol Bagh)
08.05.2026
Present: Sh. Arpit Chaudhary, Ld. Counsel for complainant.
Sh. Rajender Yadav, Ld. counsel for the proposed accused.
Matter is at the stage of consideration.
Memo of appearance filed on behalf of the proposed accused. Same be taken
on record.
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.
Since the accused has been appearing in the present matter along with his counsel, the
accused is deemed to be served in the present matter.
Ld. Counsel for complainant is directed to supply copy of complaint and
annexed documents to the accused/Ld. Counsel for accused on the mobile no.7982870432.
Put up for appearance of the accused and further proceedings on 29.09.2026.
(ARJUN KIRAR)
JMFC (NI Act)- 05/ Central District
THC/Delhi/08.05.2026
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