Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
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75 CC NI ACT / 12076/2025
M/s Shree Radhey Distributors LLP
through its Designated Partner Sh Tarun
Goel Vs. Ms Ranju, Authorised Signatory
of M/s A2Z Communication
05.12.2025
Present: Sh. Sudesh Goyal , Ld. Counsel for complainant.
Today Ld.counsel for the complainant has filed amended
memo of parties, amended complaint and evidence by way of affidavit in
view of the order dated 27.09.2025.
Same be taken on record.
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.
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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 08.04.2026.
(ARJUN KIRAR)
JMFC (NI Act) – 05/ Central District
THC/Delhi/05.12.2025
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