Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 30 CC NI ACT / 12318/2025 GAE CARGO MOVERS PRIVATE LIMITED
Vs. BALAJI UMAMAHESHWARI /0 (Darya Ganj)
31 CC NI ACT / 12319/2025 GAE Cargo Movers Pvt Ltd Vs. BALAJI
UMAMAHESHWARI /0 (Darya Ganj)
20.03.2026
Present: Ld counsel for the complainant.
Matter is at the stage of consideration.
Affidavit in terms of last order has been filed. Perused.
Arguments heard on point of summoning.
Following the law laid down in A. C. Narayanan Vs. State of Maharashtra
& Anr. (2014) 11 SCC 790 and in view of complaint; documents produced with respect
to return of cheque on dishonourment and service of legal demand notice; and
verification in the form of affidavit of evidence, there are sufficient grounds for
proceeding further against accused for offence punishable under Section 138 NI Act.
Application for issuance of summons on fresh address of the accused has
also been filed.
Let summons be issued to the accused on filing of PF/RC/AD/ speed post,
returnable on next date, on all the available addresses including the address filed today.
Complainant is directed to file PF and take steps within one week including providing
copy(ies) of complaint and related documents. Ahlmad is directed to issue the summons
only after ensuring that the same has been done. The complainant is also apprised of the
fact that at the time of filing first PF, he is required to fill the mandatory NI Act
Complaint Meta Data. Service be also affected dasti as well as on the email, WhatsApp
message(s) and text message of accused person(s), as provided by the complainant and
further subject to filing of affidavit of service.
As per the guidelines laid down in the case titled as Damodar S. Prabhu
Vs. Sayed Babalal H, (2010) 5 SCC 663 and “Sanjabij Tari v. Kishore S. Borcar & Anr.,
2025 LiveLaw (SC) 952”, the accused is at liberty to file an application for compounding
of the offence on the first or second date of hearing itself without imposition of cost.
However, failure to do the same and seeking compounding at a later stage will entail
additional cost. Same be mentioned on the summons.
Put up for appearance of accused, grant of bail and framing of notice on
21.04.2026.
(Navdeep Gupta)
JMFC (NI Act-02)/Central
THC/Delhi/20.03.2026
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