Order 2

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 11955/2025
GRD MOTORS Vs. HARSH 13L
02.02.2026
Present: Sh. Gagan Jindal, Ld. Counsel for complainant through VC.
Matter was not originally showing in the cause list. However, it was fixed
for today and the Ld. Counsel for complainant has appeared through VC.
Notice u/s 223 BNSS issued to the proposed accused received back as
unserved.
However, 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.
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.
The complainant is also directed to file the GST details of accused
proprietor.
Issue summons to the accused, 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.
Put up for furnishing of GST/ appearance of accused/ framing of
notice/furnishing of surety on 11.08.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/02.02.2026
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