Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 34 CC NI ACT / 5732/2026 UGRO CAPITAL LIMITED Vs. MAHENDRA SINGH AND ANR
35 CC NI ACT / 5733/2026 UGRO CAPITAL LIMITED Vs. DINESH KIRANA STORE
36 CC NI ACT / 5735/2026 UGRO CAPITAL LIMITED Vs. YADAV KIRANA AVAM GENRAL
37 CC NI ACT / 5736/2026 UGRO CAPITAL LIMITED Vs. VIJAY SHREE MEDICAL STORE
38 CC NI ACT / 5737/2026 UGRO CAPITAL LIMITED Vs. SIRI LEKHA COLLECTION
39 CC NI ACT / 5738/2026 UGRO CAPITAL LIMITED VS. PREM CONSTRUCTION
40 CC NI ACT / 5739/2026 UGRO CAPITAL LIMITED Vs. BS ENTERPRISES
41 CC NI ACT / 5740/2026 UGRO CAPITAL LIMITED VS. SHIVNATH DAIRY
42 CC NI ACT / 5741/2026 UGRO CAPITAL LIMITED Vs. A N ALUMINUM AND GLASSES
43 CC NI ACT / 5742/2026 UGRO CAPITAL LIMITED Vs. TAJ FRUIT COMPANY
44 CC NI ACT / 5743/2026 UGRO CAPITAL LIMITED Vs. KUSHWAH ENTERPRISE
45 CC NI ACT / 5744/2026 UGRO CAPITAL LIMITED Vs. KUNAL KIRANA AND GENERAL STORE
46 CC NI ACT / 5745/2026 UGRO CAPITAL LIMITED Vs. LAKHAN KIRANA STORE
47 CC NI ACT / 5746/2026 UGRO CAPITAL LIMITED Vs. MEENA KIRANA STORE
48 CC NI ACT / 5747/2026 UGRO CAPITAL LIMITED Vs. RAGHUVEER KIRANA STORE
49 CC NI ACT / 5748/2026 UGRO CAPITAL LIMITED Vs. MILK DAIRY/0 (I P Estate)
50 CC NI ACT / 5749/2026 UGRO CAPITAL LIMITED Vs. SHREE COMPUTER INSTITUTE
51 CC NI ACT / 5750/2026 UGRO CAPITAL LIMITED Vs. SONI ENTERPRISES
52 CC NI ACT / 5751/2026 UGRO CAPITAL LIMITED Vs. DHARMENDRA KIRANA
53 CC NI ACT / 5752/2026 UGRO CAPITAL LIMITED Vs. SHRI AADHAV REFRESHMENT
54 CC NI ACT / 5753/2026 UGRO CAPITAL LIMITED Vs. OMPRAKASH KIRANA STORE
55 CC NI ACT / 5754/2026 UGRO CAPITAL LIMITED Vs. REGAL ENTERPRISES
56 CC NI ACT / 5755/2026 UGRO CAPITAL LIMITED Vs. UDAY COLLECTION
57 CC NI ACT / 5756/2026 UGRO CAPITAL LIMITED Vs. ASHOKA FRUITS AND VEGETABLES
58 CC NI ACT / 5757/2026 UGRO CAPITAL LIMITED Vs. SEEMA LEGGINGS AND ANR
59 CC NI ACT / 5758/2026 UGRO CAPITAL LIMITED Vs. SURAJ FOODS
60 CC NI ACT / 5759/2026 UGRO CAPITAL LIMITED Vs. MUKESH KIRANA STORE
61 CC NI ACT / 5760/2026 UGRO CAPITAL LIMITED Vs. VERMA KIRANA AVAM GEN. STORE
62 CC NI ACT / 5761/2026 UGRO CAPITAL LIMITED Vs. RODEE LAL AND ANR
63 CC NI ACT / 5762/2026 UGRO CAPITAL LIMITED Vs. PREETI BATHLI
64 CC NI ACT / 5763/2026 UGRO CAPITAL LIMITED Vs. MOH DESIGNS AND ANR
65 CC NI ACT / 5764/2026 UGRO CAPITAL LIMITED Vs. MALKHAN KIRANA
66 CC NI ACT / 5765/2026 UGRO CAPITAL LIMITED Vs. SHREE MA VAISHNO KIRANA STORE
67 CC NI ACT / 5766/2026 UGRO CAPITAL LIMITED Vs. DARSHAN COW FARM
15.05.2026
Fresh case received by way of assignment. It be checked and registered.
Present: Sh. Mohit Jain, Ld. Proxy Counsel for the complainant. (through VC)
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 executed the ECS Mandate in question in favour of the complainant to discharge
his liability which got dishonored due to insufficient funds. Therefore, demand notice was sent to the
accused by the complainant. Despite service/ deemed service of said notice, accused has failed to make the
payment as per provisions of law.
Contd...2/-
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The counsel for the complainant submits that dictum of "A. C. Narayanan Vs. State of
Maharashtra & Anr." (2014) 11 SCC 790 is also applicable to complaints u/s 25 of Payment and Settlement
Act, 2007.
In the aforesaid judgment, Hon'ble Supreme Court of India has held that "...it is a matter
of discretion and the Magistrate is not bound to call upon the complainant to remain present before the court
and to examine him upon oath for taking decision whether or not to issue process on the complaint under
Section 138 of the NI Act. For the purpose of issuing process under Section 200 of the Code, it is open to
the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of
the complaint under Section 138 of the NI Act..."
Complaint, affidavit of evidence and documents considered in light of above cited
judgment. In opinion of this Court, there is no need to examine the complainant for purpose of issuance of
process. In view of complaint, documents produced and verification in the form of affidavit of evidence,
there are sufficient grounds for proceeding further against accused person(s) for offence punishable u/s 25
of Payment and Settlement Act, 2007.
Hence, accused/s be summoned through all permissible modes (including dasti) for
offence u/s 25 of Payment and Settlement Act, 2007 on filing of PF/RC within one month. In the event the
house/office/premises is found to be locked/refusal to accept the service/any other contingency the process
be served through affixation.
Put up for appearance of accused on 22.02.2027.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
15.05.2026
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