Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 77 CC NI ACT / 12318/2025 GAE CARGO MOVERS PRIVATE LIMITED
Vs. BALAJI UMAMAHESHWARI /0 (Darya Ganj)
78 CC NI ACT / 12319/2025 GAE Cargo Movers Pvt Ltd Vs. BALAJI
UMAMAHESHWARI /0 (Darya Ganj)
22.12.2025
Present: Mr Sanjay Gupta, Ld counsel for the complainant through VC
None for the proposed accused.
Matter is at the stage of consideration.
Notice issued to proposed accused not received back.
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.
Perusal of the record reveals that legal demand notice sent to the proposed
accused returned to the sender. However, Ld. Counsel for complainant submits that the same has
been sent at the last known address of the proposed accused and proposed accused sent a written
reply after receipt of the legal notice.
Accordingly, complainant is directed to file affidavit of proof of service of the
legal demand notice to the proposed accused on or before NDOH in view of judgment ie. HDFC
Vs. Amit Kumar, AIR 2010(NOC) 407 (DEL.), 2010 of Hon’ble High Court.
Reply sent by the proposed accused be also annexed with the affidavit.
Be put up on 20.03.2026.
(Navdeep Gupta)
JMFC (NI Act-02)/Central
THC/Delhi/22.12.2025
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