Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 16 CC NI ACT 9332/2026
Shammi Kapoor Vs. Dalip Kumar
05.09.2026
Fresh case is received by way of assignment. It be checked and registered.
Present: Ms. Baishali Bose, Ld. Counsel for complainant.
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.
The tracking report qua the service of legal demand notice upon the
proposed accused is incomplete as it carries report ‘in transit’. The address of the
said proposed accused is of Ludhiana, Punjab and considering the presumption
under the General Clause Act and the Postal Rules, cognizance is being taken on
basis of postal receipts. Complainant is at liberty to lead any evidence if necessary
for the same during the trial. Further, returned envelope for the legal notice is on
record and the aforesaid fact is also mentioned in the complaint. The report should
hence, not impediment the complainant in pursuing the present case. Further, it is a
settled law that the duty of the complainant is to dispatch the notice on the correct
address of the accused and the address on the legal notice is stated to be the correct
address of the accused. Thus, the documents on record are considered for the
purposes of summoning.
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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.
Issue summons to the accused, on filing of PF within three months,
through all modes, including through dasti mode returnable for NDOH.
Summons be also given dasti to complainant for appropriate service.
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. 8826009810, 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 on 01.06.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/05.09.2026
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