Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 36 CC NI ACT 11518/2025
SH AMOD BANSAL Vs. SHAMBU SINGH
25.02.2026
Regular Stenographer of this court is on leave today.
Present: Sh. Subhash Garg, Ld. Counsel for complainant.
Complainant in person.
None for proposed accused.
Original postal receipts and tracking report filed on behalf of complainant
indicating delivery of court notice u/s 223 BNSS upon the proposed accused. Same is supported
by an affidavit. 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.
The matter is at the stage of consideration.
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.
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.
Issue summons to the accused proprietor, 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 appearance of accused/ framing of notice/furnishing of surety on
14.10.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/25.02.2026
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