Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 32 CC NI ACT 14445/2024
BALAJI SEWING MACHINES PVT LTD Vs. DUTTA INDUSTRIAL SEWING
MACHINE CORPORATION
31.01.2026
Present: Sh. Sanuj Arora, Ld. Counsel for complainant with AR through VC.
Proposed accused no. 1 is a partnership firm through Partner and Signatory
Subhash Chander.
Proposed accused no. 2, Aruna, Partner.
Proposed accused no. 3, Itin, is absent.
Sh. Abhishek Pandey, Ld. Counsel for proposed accused.
Fresh Vakalatnama filed on behalf of accused. Taken on record.
The matter is at the stage of consideration. Arguments on summoning heard
on behalf of both the parties.
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.
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.
The cheque in question is drawn on proposed accused no. 1 and has been
signed through Mr. Subhash Chandra, alleged Partner and Signatory. There are no specific
averments in terms of section 141 NI Act qua proposed accused no. 2 Aruna and proposed
accused no. 3 Itin. Perusal shows that they have also not signed the cheque in question.
Accordingly, Issue summons to the accused no. 1 Parntership firm through
Subhash chander only on filing of PF within three months, through all modes.
Complainant is directed to supply the soft copy of complaint and documents
to the accused well in time on the no. 8447701038.
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. Complainant is directed to file proof of service.
Put up for appearance of accused/ framing of notice/furnishing of surety on
10.06.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/31.01.2026
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