Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 33 CC NI ACT / 10575/2025
HEMANT GUPTA Vs. MANISH KUMAR
08.01.2026
Present: Ms. Babita, Ld. Counsel for the Complainant. (through VC)
Complainant in person.
Sh. Vishwabandhu, Ld. Counsel for the accused along with accused in person.
(9818332521)
Vakalatnama filed on behalf of accused. Same is taken on record.
Submissions heard on the application seeking condonation of delay filed by the
complainant. Record perused.
Application is allowed. Delay stands condoned subject to cost of Rs.1000/- to be deposited
with DLSA, Central, THC, Delhi. Receipt be furnished on NDOH.
Accordingly, arguments on cognizance / 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 cheque in question to the complainant to discharge his liability. On its
presentation the same was dishonored. Therefore, demand notice was sent to the accused by the complainant.
Despite service/deemed service of said notice, accused has failed to make the payment as per provisions of
Negotiable Instruments Act.
The counsel for the complainant submits that dictum of "A. C. Narayanan Vs. State of
Maharashtra & Anr." (2014) 11 SCC 790 is also applicable to complaints u/s 138 NI Act.
Complaint, affidavit of evidence and documents considered in light of above cited
judgment. In opinion of this Court, there is no need to examine the complainant/witnesses for purpose of
issuance of process. In view of complaint, documents produced and verification in the form of affidavit of
evidence, there are sufficient grounds for proceeding further against accused person(s) for offence punishable
under Section 138 NI Act.
As the accused has already entered appearance, he need not be summoned afresh.
Ld. Counsel for the accused submits that he has received the complete set of
documents/complaint.
Ld. Counsel for the accused submits that the accused may be granted bail. Heard. Since
the offence punishable u/s 138 N.I. Act is bailable in nature. Accused is admitted to bail subject to the
condition that he furnishes bail bonds to the tune of Rs.20,000/- with one surety in the like amount on
NDOH.
Put up for furnishing of bail bonds of accused/ framing of notice u/s 274 BNSS on
09.04.2026.
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
08.01.2026
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