Order 4

Order Details: COPY OF ORDER
Pdf Text: 86 CC NI ACT 14311/2024
Save Housing Finance Limited Vs. Rohtash Singh and anr
24.11.2025
Present: Sh. Dhanwan, Ld. Counsel for complainant.
None for accused.
Fresh Vakalatnama filed on behalf of Complainant. Taken on record.
Notice u/s 223 BNSS 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.
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.
It is only accused no. 1 Rohtash Singh, who is the drawer and
signatory to the cheque in question.
Let accused no. 1, Rohtash Singh be summoned be summoned on
filing of PF within 3 months through all modes returnable for NDOH.
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.
Put up for appearance of accused/ framing of notice/ furnishing of
surety/ further proceedings on 09.06.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/24.11.2025
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