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CC NI ACT - Complaint Case 138 NI Act

SUDHIR KUMARVsOMMUN PAL

CNR DLCT020340662023778-JUDICIAL MAGISTRATE FIRST CLASS (NI ACT) - 04
Tis Hazari, CMM Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--ABATED
Decision Date: 29th July 2025

TrustJury record updated 14 Oct 2026

Case Overview

Registration Number
10129/2023
Registration Date
22 Dec 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1SUDHIR KUMAR

    Respondent

    1. 1OMMUN PAL

    Acts & Sections

    1
    --- · Sec 138

    Police / FIR Details

    Police Station
    Prashad Nagar
    FIR Number / Year
    0

    Case History / Proceedings

    Case History
    Date: 23-12-2023
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: FP
Next Purpose: Misc./ Appearance
Next Hearing Date: 12-02-2025

Date: 12-02-2025
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 17-05-2025

Date: 17-05-2025
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 29-07-2025

Date: 29-07-2025
Business: fp
Nature Of Disposal: ABATED
Disposal Date: 29-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 34060/2023
Filing Date: 14-12-2023
eFiling Number: ADL20230004232C202300003
eFiling Date: 08-12-2023
First Hearing Date: 23rd December 2023
Decision Date: 29th July 2025
Court Number And Judge: 778-JUDICIAL MAGISTRATE FIRST CLASS (NI ACT) - 04

    Orders

    13
    Final Order 7
    29 Jul 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10129/2023
Sudhir Kumar Vs. Ommun Pal
(Prashad Nagar)
29.07.2025
Present: None.
Notice issued to the SHO to verify the death of the accused received
back with the report that the death certificate of the accused is not yet prepared.
However, cremation report has been filed as per which the accused is stated to be a
deceased.
The factum of the death of the accused is verified as the document bears
stamp of the concerned committee.
In view of the same, the proceedings against the accused stands abated.
File be consigned to Record Room after due compliance.
(Danveer)
Judicial Magistrate First Class-04, NI Act
29.07.2025
-- 1 of 1 --
    Interim Order 6
    17 May 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10129/2023
Sudhir Kumar Vs. Ommun Pal (Prashad Nagar)
17.05.2025
Ld. PO is on leave today
The undersigned is looking after the work of 2 courts
Present: Ld. Counsel for complainant.
None for accused.
NBWs issued against the accused received back unexecuted with the
report that the accused has expired.
Issue notice to SHO concerned to verify the factum of death of the
accused.
Put up for further proceeding on 29.07.2025.
(Rangat Ghirra)
Reliever Judicial Magistrate First Class Class
17.05.2025
-- 1 of 1 --
    Interim Order 5
    12 Feb 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ct. Cases 10129/2023
SUDHIR KUMAR VS. OMMUN PAL
12.02.2025
Present: Complainant in person with Ld. Counsel Sh. Amit.
None for accused.
Bws issued against the accused received back duly executed.
Be awaited for the appearance of accused till 12:30 PM.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
12.02.2025
At 12.30 PM
Present: Complainant in person with Ld. Counsel Sh. Amit.
Accused has not appeared despite repeated calls.
No substantive reason is forthcoming for absence of the accused.
Issue NBWs against the accused on all the addresses and notice to his
surety, if any without filing of PF, returnable on 17.05.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
12.02.2025
-- 1 of 1 --
    Interim Order 4
    22 Oct 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10129/2023
Sudhir Kumar Vs. Ommun Pal
(Prashad Nagar)
22.10.2024
Present: Complainant in person with Ld. Counsel Sh. Amit.
None for accused.
Matter is at the stage of payment/ verification of payment.
Ld. Counsel for the Complainant submits that the present
matter was settled for a total sum of Rs. 3,80,000/- and out of the said
amount, the accused has paid Rs. 1,45,000/- to the complainant.
He further submits that the accused is not making the
payment as per the settlement.
Today, no reason appears for the absence of the accused.
Issue BWs against the accused person(s) in the sum of
Rs. 2,000/- with one surety in the like amount on filing of PF
within 2 weeks, returnable on 12.02.2025.
(Arjun Kirar)
Judicial Magistrate First Class-04, NI Act
22.10.2024
-- 1 of 1 --
    Interim Order 3
    06 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10129/2023
Sudhir Kumar Vs. Ommun Pal
(Prashad Nagar)
06.07.2024
Present: Sh. Amit Mittal, Ld. Counsel for the Complainant.
Accused with Ld. Counsel Sh. Lalit.
(through VC).
Ld. Counsel for the Complainant submits that the present
matter alongwith one other connected matter has been settled in the
Mediation Cell and the accused has made payment of installments on
time as per the settlement. He has further filed the copy of mediation
order. Same be taken on record.
List the matter for payment/ verification of payment on
22.10.2024.
(Arjun Kirar)
Judicial Magistrate First Class-04, NI Act
06.07.2024
-- 1 of 1 --
    Interim Order 2
    02 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10129/2023
Sudhir Kumar Vs. Ommun Pal
(Prashad Nagar)
02.04.2024
Present: Sh. Amit Mittal, Ld. Counsel for the Complainant
None for accused.
Summons issued to the accused received back duly
served.
However, none is present on behalf of the accused today.
Issue BWs against the accused person(s) in the sum of
Rs. 2,000/- with one surety in the like amount without filing of PF
returnable on 06.07.2024.
(Arjun Kirar)
MM-04, NI Act, Central District, THC
02.04.2024
-- 1 of 1 --
    Interim Order 1
    23 Dec 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ct. Cases 10129/2023
SUDHIR KUMAR VS. OMMUN PAL
23.12.2023
Fresh file has been received by way of e-assignment. Let it be
checked and registered.
Present: Complainant in person with Ld. Counsel Sh. Amit Mittal.
Pre-summoning evidence by way of affidavit has been
tendered alongwith documents which have been duly exhibited. Vide
separate statement, pre-summoning evidence of the complainant is
closed.
Arguments Heard. Record perused.
I have gone through the complaint, the dates & events,
evidence and the documents placed on record. The legal notice was
issued within the prescribed period and the complaint has also been
filed within limitation period.
In view of the above, I am prima facie satisfied that an
offence under Section 138 of Negotiable Instruments Act against the
accused has been made out within my jurisdiction.
Let the accused be summoned through all modes
including electronic mode on filing of PF/RC-AD and speed
post/approved courier services, returnable for 02.04.2024.
Tracking report of the delivery be filed on NDOH.
(Arjun Kirar)
MM-04, NI Act, Central District, THC
23.12.2023
-- 1 of 1 --
    Order 6
    17 May 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10129/2023
Sudhir Kumar Vs. Ommun Pal (Prashad Nagar)
17.05.2025
Ld. PO is on leave today
The undersigned is looking after the work of 2 courts
Present: Ld. Counsel for complainant.
None for accused.
NBWs issued against the accused received back unexecuted with the
report that the accused has expired.
Issue notice to SHO concerned to verify the factum of death of the
accused.
Put up for further proceeding on 29.07.2025.
(Rangat Ghirra)
Reliever Judicial Magistrate First Class Class
17.05.2025
-- 1 of 1 --
    Order 5
    12 Feb 2025
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ct. Cases 10129/2023
SUDHIR KUMAR VS. OMMUN PAL
12.02.2025
Present: Complainant in person with Ld. Counsel Sh. Amit.
None for accused.
Bws issued against the accused received back duly executed.
Be awaited for the appearance of accused till 12:30 PM.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
12.02.2025
At 12.30 PM
Present: Complainant in person with Ld. Counsel Sh. Amit.
Accused has not appeared despite repeated calls.
No substantive reason is forthcoming for absence of the accused.
Issue NBWs against the accused on all the addresses and notice to his
surety, if any without filing of PF, returnable on 17.05.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
12.02.2025
-- 1 of 1 --
    Order 4
    22 Oct 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10129/2023
Sudhir Kumar Vs. Ommun Pal
(Prashad Nagar)
22.10.2024
Present: Complainant in person with Ld. Counsel Sh. Amit.
None for accused.
Matter is at the stage of payment/ verification of payment.
Ld. Counsel for the Complainant submits that the present
matter was settled for a total sum of Rs. 3,80,000/- and out of the said
amount, the accused has paid Rs. 1,45,000/- to the complainant.
He further submits that the accused is not making the
payment as per the settlement.
Today, no reason appears for the absence of the accused.
Issue BWs against the accused person(s) in the sum of
Rs. 2,000/- with one surety in the like amount on filing of PF
within 2 weeks, returnable on 12.02.2025.
(Arjun Kirar)
Judicial Magistrate First Class-04, NI Act
22.10.2024
-- 1 of 1 --
    Order 3
    06 Jul 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10129/2023
Sudhir Kumar Vs. Ommun Pal
(Prashad Nagar)
06.07.2024
Present: Sh. Amit Mittal, Ld. Counsel for the Complainant.
Accused with Ld. Counsel Sh. Lalit.
(through VC).
Ld. Counsel for the Complainant submits that the present
matter alongwith one other connected matter has been settled in the
Mediation Cell and the accused has made payment of installments on
time as per the settlement. He has further filed the copy of mediation
order. Same be taken on record.
List the matter for payment/ verification of payment on
22.10.2024.
(Arjun Kirar)
Judicial Magistrate First Class-04, NI Act
06.07.2024
-- 1 of 1 --
    Order 2
    02 Apr 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10129/2023
Sudhir Kumar Vs. Ommun Pal
(Prashad Nagar)
02.04.2024
Present: Sh. Amit Mittal, Ld. Counsel for the Complainant
None for accused.
Summons issued to the accused received back duly
served.
However, none is present on behalf of the accused today.
Issue BWs against the accused person(s) in the sum of
Rs. 2,000/- with one surety in the like amount without filing of PF
returnable on 06.07.2024.
(Arjun Kirar)
MM-04, NI Act, Central District, THC
02.04.2024
-- 1 of 1 --
    Order 1
    23 Dec 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ct. Cases 10129/2023
SUDHIR KUMAR VS. OMMUN PAL
23.12.2023
Fresh file has been received by way of e-assignment. Let it be
checked and registered.
Present: Complainant in person with Ld. Counsel Sh. Amit Mittal.
Pre-summoning evidence by way of affidavit has been
tendered alongwith documents which have been duly exhibited. Vide
separate statement, pre-summoning evidence of the complainant is
closed.
Arguments Heard. Record perused.
I have gone through the complaint, the dates & events,
evidence and the documents placed on record. The legal notice was
issued within the prescribed period and the complaint has also been
filed within limitation period.
In view of the above, I am prima facie satisfied that an
offence under Section 138 of Negotiable Instruments Act against the
accused has been made out within my jurisdiction.
Let the accused be summoned through all modes
including electronic mode on filing of PF/RC-AD and speed
post/approved courier services, returnable for 02.04.2024.
Tracking report of the delivery be filed on NDOH.
(Arjun Kirar)
MM-04, NI Act, Central District, THC
23.12.2023
-- 1 of 1 --

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