Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CC NI ACT / 10575/2025
HEMANT GUPTA Vs. MANISH KUMAR
31.10.2025
Present: Ms. Babita, Ld. Counsel for the Complainant. (through VC)
Accused is present. (through VC)
Perusal of complaint shows that the present matter has been filed after 01.07.2024 and the
same falls under Bhartiya Nagarik Suraksha Adhiniyam, 2023 (BNSS). As per Proviso 1 to Section 223 of
BNSS, it is mandatory to hear the proposed accused before taking cognizance. However, in light of the
judgment of the Hon’ble Supreme court in ‘
Sanjabij Tari Vs. Kishore S Borcar’, 2025 INSC 1158, the
requirement of hearing the accused on the point of cognizance is dispensed with.
Accordingly, arguments on cognizance and summoning heard on behalf of the
complainant. I have gone through the entire record including the complaint and the documents.
It is alleged that accused has issued the cheques in question to the complainant to discharge his liability. On
their presentation the same was dishonored on 20.02.2025. Therefore, demand notice was sent to the
accused by the complainant on 12.03.2025. Despite service/deemed service of said notice on 13.03.2025,
accused has failed to make the payment as per provisions of Negotiable Instruments Act. Thereafter,
complainant instead of filing the present complaint within the prescribed limitation period, issued a fresh
notice dated 06.05.2025 which could not be served upon the accused. The complainant then filed the
present complaint on 23.06.2025, which is beyond the prescribed limitation period considered from the date
of receipt of first legal notice dated 12.03.2025.
An application for condonation of delay is also filed on record by the complainant. Let
copy of the same be supplied to the accused at least two weeks prior to the NDOH.
Put up for filing of reply/arguments on the abovesaid application on 08.01.2026.
Accused is directed to appear physically on the next date of hearing, failing which
coercive action may be taken to secure the presence of the accused.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
31.10.2025
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