Full Order Text
Interim Order 3 · 02 Feb 2026 · CNR DLCT020328672025
Order Details: COPY OF ORDER Pdf Text: 36 CC NI ACT / 11425/2025 SUNIL KUMAR GUPTA Vs. M S ALOK ENTERPRISES PARTNERSHIP FIRM /0 (Hauz Qazi) 02.02.2026 Present: Mr Racchit Gupta, Ld counsel for the complainant through VC. Proposed accused No.1 is a partership. Proposed accused No. 2 & 3 in person. Ld counsel for the proposed accused persons. Matter is at the stage of consideration. Fresh vakaltnama has been filed on behalf of proposed accused. Same is taken on record. 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. Bail bonds furnished on behalf of proposed accused No.2. Same are accepted. Personal bonds furnished on behalf of proposed accused No.3. Same is accepted till the NDOH. Perusal of the record shows that proper return memo is not annexed with the case file. Upon inquiry, Ld counsel for the complainant submits that the cheque was first presented in March, 2025 but the same was not cleared for the reason “failed the mandatory ultraviolet scanning and same could not be sent for collection to the payee bank through local clearing”. Subsequently, upon inquiry, it was found that account of the accused was NPA since 08.12.2023. Submissions heard. Record perused. In view of submissions, notice be issued to concerned bank witness of proposed accused as well as complainant to appear in person along with relevant record claryfing the date of presentation as well as dishonor of the cheque in question upon filing of PF. PF be filed within one month. Details of cheque as well as annexure D, E and F be also annexed with the notice. Be put up for further proceedings on 24.04.2026. (Navdeep Gupta) JMFC (NI Act-02)/Central THC/Delhi/02.02.2026 -- 1 of 1 --