Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 79 CC NI ACT / 16050/2025
Saurabh Sharma Vs. Ravi Kumar
16.02.2026
Fresh file received by way of assignment. It be checked and registered.
Present: Sh. Parvesh Saini, Ld. 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 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. However, Perusal of record reveals
that the screenshot of whatsapp chat to show service of notice does not specify the date of
service of legal notice through whatsapp and the notice issued through speed post was
received back with an endorsement ‘no such person’.
In view of the above, the complainant is directed to furnish proof of date
on which notice was served through whatsapp or furnish proof regarding address of the
accused as stated on the returned Speed Post envelopes.
Put up for consideration / further proceedings on 02.07.2026.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
16.02.2026
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