Order 1

Order Details: COPY OF ORDER
Pdf Text: 47) Cc NI ACT 11230/2026 Amvac Agrisciences Vs. Gms Enterprises /0 (Hauz Qazi)
CNR No: DLCT020312082026
06.10.2026
Fresh case received by way of assignment. It be checked and registered as per
rules.
Present: Ms Muskan Gupta, Ld counsel for the complainant through VC.
This is a fresh case.
In the light of recent judgment of Hon’ble Supreme Court of India in “Sanjabij
Tari v. Kishore S. Borcar & Anr., 2025 LiveLaw (SC) 952”, there shall be no requirement to
issue summons to the accused in terms of Section 223 of BNSS i.e., at the pre-cognizance
stage. Hence, appearance of proposed accused is hereby dispensed with.
Accordingly, arguments heard on point of summoning.
Following the law laid down in A. C. Narayanan Vs. State of Maharashtra &
Anr. (2014) 11 SCC 790 and in view of complaint; documents produced with respect to return
of cheque on dishonourment and service of legal demand notice; and verification in the form of
affidavit of evidence, there are sufficient grounds for proceeding further against accused for
offence punishable under Section 138 NI Act.
Let summons be issued to the accused on filing of PF/RC/AD/ speed post,
returnable on next date. Complainant is directed to file PF and take steps within one month
including providing copy(ies) of complaint and related documents. Ahlmad is directed to issue
the summons only after ensuring that the same has been done. The complainant is also apprised
of the fact that at the time of filing first PF, he is required to fill the mandatory NI Act
Complaint Meta Data. Service be also affected dasti as well as on the email, WhatsApp
message(s) and text message of accused person(s), as provided by the complainant and further
subject to filing of affidavit of service.
As per the guidelines laid down in the case titled as Damodar S. Prabhu Vs.
Sayed Babalal H, (2010) 5 SCC 663 and “Sanjabij Tari v. Kishore S. Borcar & Anr., 2025
LiveLaw (SC) 952”, the accused is at liberty to file an application for compounding of the
offence on the first or second date of hearing itself without imposition of cost. However, failure
to do the same and seeking compounding at a later stage will entail additional cost. Same be
mentioned on the summons.
Put up for appearance of accused, grant of bail and framing of notice on
16.03.2027.
(Navdeep Gupta)
JMFC(NI Act-02)/Central
Delhi /06.10.2026(V)
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