Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: (Aradhana)
JMFC (NI Act) – 09, Central District
Tis Hazari Court, Delhi/20.01.2026
55 CC NI ACT / 17448/2025
M/S BRD Plastic Vs. MS Garg Trading Co
Proceedings conducted through hybrid mode.
20.01.2026
The undersigned is also working as Duty JMFC today.
Fresh case received by way of assignment. It be checked and registered.
Present: Sh. Mohit Kaushik, Ld Counsel for the complainant alongwith proprietor.
Arguments heard on behalf of the complainant.
File perused.
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 202 Cr.PC
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.
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.
I hereby take cognizance of the offence.
Issue summons to the accused Sachin, Proprietor of M/s Garg Trading Co., on
filing of PF/RC/Courier/ Speed Post within 30 days, as well as through e-mail on the
address(s) mentioned in the memo of parties. Service effected through the parties by the
complainant be subject to filing of report of service.
In case the service is not possible due to the premises being locked, or due to
unavailability or refusal, the process server is directed to serve the summons by way of
Affixation and file a photograph of the affixed summons clearly indicating the place where
they are affixed in a manner which shows that the affixation has been done on the given
address, as best possible.
Put up for appearance of accused/further proceedings on 02.06.2026.
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