Full Order Text
Order 2 · 19 Feb 2026 · CNR DLCT020317072025
Order Details: COPY OF ORDER Pdf Text: 25 CC NI ACT 11366/2025 AMRIT LAL Vs. RAJEEV SHARMA 19.02.2026 Present: Sh. Kabir Ahmed, Ld. Counsel for complainant. Proposed accused no. 1 Rajeev Sharma (signatory and drawer to 1st cheque) is absent. Proposed accused no. 2, Seema, (signatory and drawer to 2nd cheque) is absent. None for proposed accused. Complainant has filed tracking report along with postal receipts regarding delivery of notice u/s 223 BNSS. However, none has appeared on behalf of proposed accused side. Moreover, 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. Perusal shows that there are 2 cheques in question which have been drawn on the individual account of the 2 proposed accused persons. Ld. Counsel for complainant is directed to clarify about how the present case is maintaible qua 2 differed drawers of the cheques in question in one complaint. Furthermore, legal demand notice is addressed to both the proposed accused, but the demand for the payment of the cheque is made collectively. Complainant seeks time to file relevant citation on the maintainability of the present complaint. Put up for consideration/clarification on 24.09.2026. (URVI GUPTA) J.M.F.C.-01(N.I.Act)/Central, THC/Delhi/19.02.2026 -- 1 of 1 --