Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 43 CC NI ACT 14561/2024
KEDAR UDYOG VS NARESH GARG
25.07.2025
Regular stenographer is on leave till 27th July 2025.
Reader of this court is on leave today.
Present: Ms. Surbhi Notyal, Ld. Counsel for the complainant
None for proposed accused.
On the previous order sheet matter has been wrongly listed for DE.
Matter is at the stage of consideration.
Notice U/s 223 BNSS received back as ‘item refused’.
Tracking report and postal receipts filed.
Accordingly, it is inferred tha the proposed accused does not wish to argue on the
point of summoning.
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 202 Cr.PC 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 grounds
for proceeding further against the accused for offence punishable u/s 138 NI Act.
Issue summons to the accused i.e. accused proprietor, 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 case is not possible due to 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 at the given address, as best as possible.
Complainant is directed to file proof of service.
Put up for appearance of accused/ framing of notice on 08.12.2025.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/25.07.2025
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