Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 37 CC NI ACT 11136/2025
Sunil Kumar Vs. Ankush Sethi
12.08.2026
Present: Sh. Hrithik Manchanda, Ld. Counsel for complainant.
None for proposed accused.
Matter is at the stage of consideration.
Notice u/s 223 BNSS issued to the proposed accused no. 1 not
received back.
Further, in terms of the guidelines passed by Hon’ble Supreme Court
of India, in case titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr., 2025 (SC) 952,
decided on 25.09.2025, there is no requirement to issue notice u/s 223 BNSS in
complaint case u/s 138 NI Act. Accordingly, the stage of notice u/s 223 BNSS is
dispensed with.
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.
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.
-- 1 of 2 --
Through the legal demand notice, complainant has demanded the
outstanding amount from the proposed accused side which is more than the total
amount of cheque in question. However, the notice clearly mentions the details of
the present cheque in question and the amount claimed through the said cheque.
Hence, the legal demand notice is considered for the purposes of summoning.
The cheque in question is drawn in the name of proposed accused no.
1 only.
Hence, issue summons to the accused no. 1 Ankush Sethi only, on
filing of PF within three months, through all modes.
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 side on the no. 9968113433, 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/ further proceedings on 09.04.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/12.08.2026 541670
-- 2 of 2 --