Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28 CC NI ACT / 109/2025
ARCHANA JAIN Vs. DEEPSHIKHA JAIN DOLLY
(Railway Sarai Rohilla)
26.08.2025
Regular stenographer is on medical leave for undefined period.
No adverse order is being passed today as lawyers are abstaining from work due to ongoing strike.
Present: None for complainant.
Proposed accused through V.C.
Matter is at the stage of consideration.
Accused submits that she wishes to settle the matter and has applied for loan.
Hence, she seeks some time to make the payment.
It appears that proposed accused does not wish to argue upon the point of summoning.
Accordingly, opportunity for the same is hereby closed.
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.
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.
Since accused has already entered appearance, formal summons need not be issued.
Accused is directed to appear in person on NDOH.
Put up for appearance of accused/ framing of notice/furnishing of surety/Settlement, if
any on 03.02.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/26.08.2025
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