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Order 4

CNR DLCT02106095202409 Dec 2025
Tis Hazari, CMM Court
delhi · Delhi (DL)
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Order 4 · 09 Dec 2025 · CNR DLCT021060952024

Order Details: COPY OF ORDER
Pdf Text: 21 CC NI ACT / 13738/2024 M/s LMC Enterprises Pvt Ltd Vs. Ms
Geeta Mishra /0 (Kashmere Gate)
09.12.2025
Present: Mr S S Tripathi, Ld counsel for the complainant.
Proposed accused through VC (9130315551)
Mr Yati Ranjan, Ld counsel for the proposed accused through VC.
Matter is at the stage of consideration.
Court notice issued to proposed accused not received back.
In the light of recent judgment of Hon’ble Supreme Court of India in
“Sanjabij Tari v. Kishore S. Borcar & Anr., 2025 LiveLaw (SC) 952”, there shall be no
requirement to issue summons to the accused in terms of Section 223 of BNSS i.e., at the
pre-cognizance stage. Hence, appearance of proposed accused is hereby dispensed with.
Accordingly, arguments heard on point of summoning.
Following the law laid down in A. C. Narayanan Vs. State of Maharashtra &
Anr. (2014) 11 SCC 790 and in view of complaint; documents produced with respect to
return of cheque on dishonourment and service of legal demand notice; and verification in
the form of affidavit of evidence, there are sufficient grounds for proceeding further against
accused for offence punishable under Section 138 NI Act.
Since the accused has entered her appearance, therefore, her formal
summoning is hereby dispensed with. Accused is directed to appear in person on the
NDOH.
Copy of the complainant be supplied to the accused before the NDOH.
Put up for appearance of accused, grant of bail and framing of notice on
07.04.2026.
(Navdeep Gupta)
JMFC (NI Act-02)/Central
THC/Delhi/09.12.2025
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