Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 26 CC NI ACT 15987/2025
Super File Manufacturing Co Vs. Shrey Jain Prop M/s Sonic File Product
03.06.2026
Fresh case is received by way of assignment. It be checked and registered.
Present: Sh. Aditya Jain, Ld. Counsel for complainant (through VC).
On LDOH, undersigned was on leave, hence fresh matter could not be
considered and it was kept for ‘compliance of previous order’.
Since there is no
previous order, the said error is now being rectified. The present file is considered as
fresh file today.
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.
Arguments on summoning heard. 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.
Complainant has claimed that as per the ledger account, a total of Rs.
3,46,807/- is due upon the accused, however, accused has issued cheques totaling to
an amount of Rs. 3,50,000/-. The said fact has also been mentioned in the legal
demand notice. Accordingly, same is considered for the purposes of summoning.
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Issue summons to the accused proprietor on filing of PF within three
months, through all modes.
The complainant is also directed to file the GST details of accused
proprietor.
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. Complainant is directed to file proof of service.
Summons should carry an endorsement that accused is at liberty to
settle the matter and pay the amount to the complainant by reaching out the
complainant, in view of the judgment passed by Hon’ble Supreme Court of India, in
case titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr., 2025 (SC)
.
Put up for filing of GST/ appearance of accused/ framing of notice/
furnishing of surety/ further proceedings on 14.01.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/03.06.2026
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