Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 53 CC NI ACT 12520/2024
PS Darya Ganj
Globe Fincap Limited Vs. Mohammad Mansoor
The digital key of the Ld. Presiding Officer has expired. Hence, the orders
could not be uploaded with digital signature.
13.06.2025
Present:- Sh. Sunny Kumar, Ld. Proxy Counsel for complainant.
AR of complainant (through VC).
None for proposed accused no. 1.
Matter is at the stage of consideration on present complaint /
arguments on point of cognizance.
Despite repeated calls, there is no appearance on behalf of
proposed accused. Accordingly, right to present arguments on point of
cognizance stands closed qua proposed accused.
Pre-summoning Evidence by way of affidavit has been filed on
behalf of the complainant. Original documents have been filed on record along
with complaint. Statement of the complainant/ AR of complainant at pre-
summoning stage stands dispensed with in terms of judgment of Hon’ble
Supreme Court of India in ‘A. C. Narayanan v. State of Maharashtra & Anr.
[(2014) 11 SCC 790]’.
Arguments on point of summoning have been heard. File has
been perused. All the statutory requirements under NI Act are complied with.
The present complaint case is filed within period of limitation. On examination of
documents filed along with the present complaint, the Court is satisfied that
prima facie offence punishable under Section 138 of N.I. Act is made out
against the accused. Hence, I take cognizance of the offence punishable under
Section 138 N.I. Act, 1881.
Issue summons to accused no. 1 only on filing of PF, RC and
speed post as well as by electronic mode details (WhatsAPP and E-mail).
Proposed accused no. 2 and 3 are neither the drawers of cheques in question
nor signatories of the same. Accordingly, no case is made out against proposed
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accused no. 2 and 3. Accordingly, proposed accused no. 2 and 3 are hereby
deleted from array of parties.
Summons may be served by way of affixation in case the
premises of the accused are found locked or if the summons could not be
served personally or upon a male family member. Steps be taken within four
weeks. Complainant is directed to supply the complete set of documents filed in
the court including the pre-summoning evidence affidavit of complainant.
Ahlmad is directed to issue the summons only after ensuring that the same has
been done.
Ahlmad is directed to make the endorsement on the summons in
terms of the guidelines of Hon’ble Supreme Court passed in ‘Damodar S.
Prabhu v. Sayed Babalal H. [(2010) 5 SCC 663]’. Ahlmad is directed to mention
the official e-mail ID and VC Link of this Court on the summons.
Put up for appearance of the accused and further proceedings on
18.10.2025.
(ARUSHI PARWAL)
JMFC (NI Act) – 05/ Central District
THC/Delhi/13.06.2025
At 12:30 p.m.
Present:- Sh. Praveen Singhal, Ld. Counsel for accused no. 1 (through VC).
Put up for purpose fixed on date already fixed i.e. 18.10.2025.
(ARUSHI PARWAL)
JMFC (NI Act) – 05/ Central District
THC/Delhi/13.06.2025
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