Full Order Text
Order 2 · 11 Feb 2026 · CNR DLCT020342422025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 24 CC NI ACT 11589/2025 SANJEEV KATHURIA Vs. SUMIT GUPTA 11.02.2026 Regular stenographer of this court is on leave today. Present: Sh. Mohit Chawla, Ld. Counsel for complainant. None for proposed accused. Notice u/s 223 BNSS issued to the proposed accused received back 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. 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. -- 1 of 2 -- GST details of the accused are on record. 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. At request, complainant is also at liberty to file any other address, if traceable by NDOH. Put up for appearance of accused/ framing of notice/furnishing of surety on 24.09.2026. (URVI GUPTA) J.M.F.C.-01(N.I.Act)/Central, THC/Delhi/11.02.2026 -- 2 of 2 --