Order 2

Order Details: COPY OF ORDER
Pdf Text: 39 CC NI ACT 11224/2025
Ms Manohar Electric And Machinery Store Vs. Ascent Engineer
28.01.2026
VC of this court is not working today.
Present: Sh. Bhavesh and Sh. Rakesh Kumar, Ld. Counsel for complainant.
Proposed accused in person.
Sh. Sanjit Kumar, Ld. Counsel for proposed accused.
Matter is at the stage of consideration.
Arguments heard on behalf of both the parties.
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.
Let accused be summoned.
Since accused has appeared today, issuance of formal summons is
dispensed with.
Complainant is directed to supply the soft copy of complaint and
documents to the accused well in time on the no. 9650738476.
At this stage, court has assisted the accused in framing of notice.
Heard on notice. On a perusal of the complaint and supporting
documents, this court is of the opinion that there are sufficient grounds to frame
notice against the accused and proceed to trial. The factum of issuance & dishonour
of cheque in question, the service of legal demand notice, failure of payment despite
demand, liability and cumulative effect thereof culminating into an offence U/s 138
NI Act have been explained to the accused in vernacular. The attention of the
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accused has been drawn to the evidence appearing against him and to each
document relied upon by the complainant.
The plea of defence of accused recorded separately.
At this stage, oral prayer for cross examination of complainant witness
made by the accused. Keeping in mind the legislative intent as incorporated in
Section 145(2) NI Act and the defence disclosed by the accused in his plea of
defence, the court is of the view that accused is having sufficient ground to cross
examine the complainant. Accordingly, oral prayer for cross examination of
complainant witness of the accused is hereby allowed.
Considering the defence disclosed by the accused, let matter be
proceeded in terms of the judgment passed by the Hon’ble Delhi High Court in
Rajesh Agggarwal Vs. State & Anr. (2010)
Offence being bailable, accused is admitted to bail subject to
furnishing of personal bonds in the sum of Rs. 5,000/- with one surety of like
amount. At this stage, the accused seeks some time to furnish surety. Personal bonds
furnished considered and accepted till the next date of hearing.
This court further does not deem it appropriate/ desirable to try the case summarily
since sentence for imprisonment exceeding one year may have to be passed, if the
trial results in conviction, therefore, this case would be tried as summons trial case.
The name of accused has been wrongly mentioned in the mem of
parties. Complainant is directed to rectify the same through an amended memo of
parties. He is also directed to file list of witnesses as the same are not on record.
At this stage, accused submits that he is willing to make the entire
cheque amount.
The complainant is also directed to file the GST details of accused
proprietorship.
Both the parties are directed to appear in person.
Put up for furnishing of surety/ filing amended memo/ filing of list of
witnesses/ verification of payment/ further proceedings on 28.03.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/28.01.2026
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