Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 37 CC NI ACT 11366/2025
AMRIT LAL Vs. RAJEEV SHARMA
24.09.2026
Today, lawyers are stated to be abstaining from work.
Present: None for complainant.
None for proposed accused.
Matter is at the stage of consideration.
On LDOH, clarifications were sought from the complainant about
maintainability of present complaint as there are two separate drawers of two
cheques in question.
Perusal of the complaint and documents on record shows that cheques
in question were issued by both the proposed accused qua the same transaction.
Hence, the present case is being proceeded further. The legal demand notice has
been addressed to both the proposed accused which is evident vide the postal
receipts. Vide the legal demand notice, the proposed accused persons had been
demanded the amount of two cheques in question of which complete details have
been mentioned in the notice for necessary intimation. The legal demand notice thus,
is sufficient information to the proposed accused persons as per S. 138 NI Act.
Hence, the present case is fit for purposes of summoning.
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.
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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.
Issue summons to the accused no. 1 Rajeev (Drawer and Signatory of
one cheque in question) and accused no. 2 Seema (Drawer and Signatory of another
cheque in question) 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, 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 on 07.07.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/24.09.2026
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