Order 4

Order Details: COPY OF ORDER
Pdf Text: 27 CC NI ACT 13118/2024
Rajbir Singh Tomar Vs. Karan Singh
17.10.2025
Reader of this court is on leave today.
Present: Ms. Mamta Pandey, Ld. Counsel for complainant.
None for proposed accused.
Complaint has filed proof of service of online delivery of notice u/s.
223 BNSS with certificate u/s. 63 BSA. Taken on record.
However, none has appeared on behalf of proposed accused despite
service.
It appears that proposed accused does not wish to argue upon the point
of summoning. Accordingly, opportunity for the same is hereby closed.
Arguments on summoning heard on behalf of complainant.
File perused. 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.
Cognizance of the same is taken.
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 225 BNSS 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.
Issue summons to the accused on filling of PF within two months
through all modes.
Complainant is directed to supply the soft copy of complaint and documents
to the accused well in time.
In case of online service, complainant is directed to file requisite
affidavit with contact details of the accused and certificate U/s 63 BSA to show due
service through online mode.
Put up for appearance of accused/ framing of notice/ furnishing of
surety/ further proceedings on 12.03.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/17.10.2025
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