Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 87 CC NI ACT / 16077/2025
Manshu Arora Vs. Ritesh Kumar Jain
16.02.2026
Fresh file received by way of assignment. It be checked and registered.
Present: Sh. Bharat Bhardwaj, 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.
Put up for further proceedings on 14.09.2026.
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
16.02.2026
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