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Order 3

CNR DLCT02040439202507 Oct 2026
Tis Hazari, CMM Court
delhi · Delhi (DL)
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Order 3 · 07 Oct 2026 · CNR DLCT020404392025

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 CC NI ACT/13453/2025 CNR No. DLCT020404692025 RAGHAV
KHANDELWAL Vs. VIPUL KUMAR SHARMA
33 CC NI ACT/13454/2025 CNR No. DLCT020404392025 RAGHAV
KHANDELWAL Vs. DHARMANDER SINGH
07.10.2026
Present: Sh. Shrey Dadheech, Ld. Counsel for the Complainant.
Perusal of complaint shows that the present matter has been filed
after 01.07.2024 and the same falls under Bhartiya Nagarik Suraksha Adhiniyam,
2023 (BNSS). As per Proviso 1 to Section 223 of BNSS, it is mandatory to hear the
proposed accused before taking cognizance. However, in light of the judgment of
the Hon’ble Supreme court in ‘
Sanjabij Tari Vs. Kishore S Borcar’, 2025 INSC
1158, the requirement of hearing the accused on the point of cognizance is dispensed
with.
Accordingly, arguments on cognizance and summoning heard on
behalf of complainant.
I have gone through the entire record including the complaint and the
documents. It is alleged that accused has issued the cheque in question to the
complainant to discharge his liability. On its presentation the same was dishonored.
Therefore, demand notice was sent to the accused by the complainant. However,
there is nothing on record to show that the legal notice issued to the accused was
delivered or that the said notice was sent on the last known / correct address of the
accused. Accordingly complainant is directed to furnish proof of service of legal
notice to the accused, on NDOH.
Put up for consideration on 28.05.2027.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
07.10.2026
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