Full Order Text
Order 3 · 02 Feb 2026 · CNR DLCT020334602025
Order Details: COPY OF ORDER Pdf Text: 37 CC NI ACT / 11538/2025 VIMAL KUMAR GOYAL Vs. M S ALOK ENTERPRISES PARTNERSHIP FIRM /0 (Lahori Gate) 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. 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 as per the return memo, the information regarding dishonour was communicated to the complainant on 03.04.2025, however, the legal notice was sent on 27.05.2025 ie, after the prescribed period as per the NI Act. 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 and the legal notice was sent after receipt of information from the concerned bank on 01.05.2025. Complainant is directed to clarify on aforesaid aspect on the NDOH. Be put up for clarifications/further proceedings on 24.04.2026. (Navdeep Gupta) JMFC (NI Act-02)/Central THC/Delhi/02.02.2026 -- 1 of 1 --