Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 36 CC NI ACT / 15086/2025
The Krishna Cooperative Urban Thrift and Credit Society Ltd Vs. Sunil Kumar
Proceedings conducted through Video Conferencing via CISCO Webex app.
Fresh case received by way of assignment. The same has been checked and registered. Present case
has been put up before me by the Reader of the court today.
31.10.2025
Present: Sh. Abhishek Chaubey, Ld Proxy Counsel for the complainant.
Arguments on summoning heard on behalf of the complainant.
File perused.
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 202 Cr.PC conducted by
scrutinizing documents.
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.
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.
I hereby take cognizance of the offence.
Issue summons to the accused, on filing of PF/RC/Courier/ Speed Post within 30 days,
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.
In case the service is not possible due to the premises being locked, or due to
unavailability or refusal, the process server is directed to serve the summons by way of Affixation and
file a photograph of the affixed summons clearly indicating the place where they are affixed in a
manner which shows that the affixation has been done on the given address, as best possible.
The Reader-cum-Ahlmad is directed to mention the official email id and video
conferencing link of this Court on the summons. Reader-cum-Ahlmad is further directed to preserve PF
form, service report, postal/ courier envelopes and upload scanned copies thereof on the LAYERS 2.0.
Accused is directed to appear before this court through video conferencing on the Cisco
V. C Room ID https://delhidistrictcourts.webex.com/meet/jmfcniactdc04-ct No. 25151759834.
Put up for appearance of accused, grant of bail and framing of notice under Section 251
Cr. P.C on 20.03.2026.
In the meantime, matter be referred to upcoming National Lok Adalat to be held on
13.12.2025 for settlement, if any.
If the matter is not settled, same be put up on the date already fixed.
(Aradhana)
JMFC (NI Act) Digital Court – 04
Central, Tis Hazari Court, Delhi/31.10.2025
-- 1 of 1 --