Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CC NI ACT / 10388/2024 Bmw India Financial Services Private Limited Vs. Vaghela Pravinbhai
Haribhai /0 (Pahar Ganj)
30.04.2026
Present: Sh. Ashok Kumar, Ld. Counsel for complainant.
Today, original return has been shown on behalf of the complainant in view of the order dt.
01.11.2025. Seen and returned
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 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
09.10.2026.
(ARJUN KIRAR)
JMFC (NI Act)- 05/ Central District
THC/Delhi/30.04.2026
-- 1 of 1 --