Order 3

Order Details: COPY OF ORDER
Pdf Text: 41 CC NI ACT / 13581/2024
MUTHOOT FINANCE LTD Vs. DINESH
29.08.2025
Present: Sh. Digvijay Singh, Ld. Counsel for the complainant through VC.
AR for the complainant in person.
None for proposed accused.
An application has been filed for substitution of AR by the complainant. Same
is taken on record. Application being formal in nature is allowed and accordingly Mr. Rishabh
Shukla stands substituted as AR of the complainant.
Original postal receipts and tracking report filed on behalf of complainant
indicating delivery of court notice u/s 223 BNSS upon the proposed accused. Taken on record.
However, none has appeared on behalf of proposed accused despite service.
It appears that proposed accused does not wish to argue upon the point of
summoning. Accordingly, opportunity for the same is hereby closed.
Arguments on summoning heard on behalf of complainant.
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.
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.
Issue summons to the accused, on filing of PF/RC/Courier/ Speed Post
within 2 months, 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.
The complainant is directed to file proof of service.
Put up for appearance of accused/ framing of notice/ furnishing of surety/
further proceedings on 06.02.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/29.08.2025
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