Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 60 CC NI ACT 13185/2024
Save Housing Finance Limited Vs. Ram Nivas and Anr
29.11.2025
VC of this court is not working today.
Present: None for complainant.
None for proposed accused.
Matter is at the stage of consideration.
Notice u/s 223 BNSS issued to the proposed accused no. 1 not
received back.
In terms of the guidelines passed by Hon’ble Supreme Court of India,
in case titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr., 2025 (SC) 952, decided
on 25.09.2025, there is no requirement to issue notice u/s 223 BNSS in complaint
case u/s 138 NI Act. Accordingly, the stage of notice u/s 223 BNSS is dispensed
with.
The matter is at the stage of consideration.
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
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grounds for proceeding further against the accused for offence punishable u/s 138 NI
Act.
It is only accused no. 1, Ram Niwas who is the drawer and signatory to
the cheque in question.
Issue summons to the accused no. 1 Ram Niwas only, on filing of PF
within 2 weeks, through all modes.
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.
Put up for appearance of accused/ framing of notice/furnishing of
surety on 22.12.2025.
In pursuance of letter bearing No. 5951-5952/DHC/Gaz.IIB/G-7/2025
dated 31.10.2025 of Hon’ble High Court of Delhi, New Delhi, all cases pertaining to
financial institutions and telecom companies u/s 138 NI Act, 1881 & Section 25
PASA, wherein the total amount of cheque(s) in question is upto Rs. 50,000/- are to
be transferred to the Evening Courts of Central District.
In furtherance of the same, As per the order of the Ld. Chief Judicial
Magistrate, Central, Tis Hazari Courts, Delhi, dated 12.11.2025, vide no. 10868-
10897 CJM/CENTRAL/EC/2025 the present case be put up before Ld. JMFC
Evening Court-09, Central, THC for 22.12.2025.
Ahlmad is directed to place the file before the concerned court well in
time.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/29.11.2025
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