Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 103 CC NI ACT / 15244/2025
Ekatra Hospitality Ventures Pvt Ltd Vs. Vinay Rajendra Agwan
23.02.2026
Fresh file received by way of assignment. It be checked and registered.
Present: Ms.Avsi Malik, 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. Despite service/deemed service of said notice, accused has failed to make the payment as per
provisions of Negotiable Instruments Act.
However, perusal of the records also reveals that there has been a delay in filing the
present complaint. Application seeking condonation of delay is already on record.
Accordingly, issue notice to the proposed accused qua the application for condonation of
delay (on filing of PF within 15 days) through all permissible modes including speed post, whatsapp and e-
mail, returnable on NDOH to appear and show cause as to why delay in filing of the present complaint shall
not be condoned.
Put up for further proceedings on 02.11.2026.
Tracking report of notice sent through speed post be placed on record on the NDOH.
It is clarified that if the accused fails to appear despite service of the notice, his right to
show cause against the notice shall stand closed.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
23.02.2026
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