Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20 CC NI ACT 561/2024
Anshul Sharma Vs Sohan Lal
10.09.2025
Present: Sh. Pawan Kumar, Ld. Counsel for complainant alongwith
complainant.
None for accused.
Ld. Counsel for complainant has filed an e-filing history as of
which the filing date is 16.12.2023.
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, on filing of PF/RC/Courier/ Speed
Post within two months, as well as through e-mail on the address(s) mentioned
in the memo of parties. Service effected through the parties by the complainant
be subject to filing of report of service.
Complainant is directed to file proof of service.
Complainant is directed to supply the soft copy of complaint and
documents to the accused well in time.
Put up for appearance of accused/ framing of notice/furnishing of
surety on 03.02.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/10.09.2025
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