Order 3

Order Details: COPY OF ORDER
Pdf Text: 34 CC NI ACT 6705/2025
Om Prakash Vs. Naresh Kumar
18.02.2026
Present: Sh. Sachin Kumar, Ld. Counsel for complainant.
None for proposed accused.
Original postal receipts and tracking report filed on behalf of complainant
indicating delivery of notice u/s 223 BNSS upon the proposed accused. Taken on record.
However, none has appeared on behalf of proposed accused despite service.
It appears that proposed accused does not wish to argue upon the point of summoning.
Accordingly, opportunity for the same is hereby closed.
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.
Arguments on summoning heard on behalf of complainant.
As per the documents on record, there appears to be no delay in filing of the
present complaint.
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.
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, on filing of PF within 3 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.
Put up for appearance of accused/ framing of notice/ furnishing of surety/
further proceedings on 16.09.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/18.02.2026
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