Full Order Text
Order 1 · 27 Mar 2026 · CNR DLCT020560702025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 31 CC NI ACT / 16945/2025 Om prakash jha Vs. Shailendra Tiwari 27.03.2026 Fresh Case received by way of assignment. It be checked and registered. Present: Sh. Lajpat Rai, Ld. Counsel for the complainant along with complainant in person. 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, there is nothing on record to show that the legal notice issued to the accused was delivered or that the said notice was sent on the last known / correct address of the accused. Accordingly complainant is directed to furnish proof of service of legal notice to the accused, on NDOH. Put up for consideration on 04.07.2026. (Arvind Tomar) JMFC (NI ACT)-07 (Central)/THC 27.03.2026 -- 1 of 1 --