Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM(MCD), Date of Order 20.08.2025
East, KKD, Delhi.
23 CC NI ACT / 97/2025 Madhu Seth Vs. Suraj Gupta Prop M/s STS
Utility Service /0 (Preet Vihar)
Present: Ld. counsel for the complainant.
None for the respondent.
Stage : The matter is at the consideration of the present case under Section 138 NI Act,
subject to pre-cognizance hearing to the respondent under Section 223(1) BNSS.
Proceedings : The respondent is already served. Respondent is absent despite being
aware of court proceedings. Arguments shall be heard in his absence.
It is submitted by Ld. counsel for the complainant that the complainant is
situated within the territorial jurisdiction of this court.
Order :
• Prima facie offence u/s 138 NI Act, 1881 is made out. Accordingly,
cognizance of offence is taken.
• The PSE of the complainant is dispensed with in view of judgment of Hon’ble
Supreme Court of India in “AC Narayanan v. State of Maharashtra & Ors.”
passed on 13.09.2013. Heard on issuance of process.
• Materials on record suggest sufficient ground to summon the accused.
Accordingly, issue summon on both the address of accused subject to filing
PF/RC within 15 days from today. Summon be sent for service through all
permissible modes including electronic modes.
• The complainant is directed to serve the copy of Dasti summons to the accused
person(s) alongwith copy of the complaint and documents through WhatsApp
alongwith screen shot, physical service or postal service and affidavit of service
of the summons be filed in the court on the next date.
• Let the matter be listed for report on summons and appearance of accused on
06.11.2025.
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