Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 15.09.2025
East, KKD, Delhi
16 CC NI ACT / 210/2025 Vijay Kumar Vs. Balbinder Kaur /0 (Laxmi Nagar)
Present: Complainant with Ld. Counsel.
Accused with Ld. Counsel.
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 : Respondent is present with the counsel and Vakalatnama has been filed through e-filing as
per the submission of the counsel.
No arguments qua the pre-cognizance hearing has been made by the Ld. Counsel for the respondent and no
substance is made out for not taking the cognizance. 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. Formal summoning of the
accused is hereby dispensed with as the ld. Counsel is present with the accused. As the offence is
bailable in nature, let the bail bonds be filed by the accused person(s) for Rs.10,000/- alongwith one
surety of like amount on the next date alongwith ID Proof and Address Proof of accused and the
surety.
• Notice of accusation is framed on the accused separately. Accused has not pleaded guilty and
claimed trial.
• At this stage, admission/denial of documents done. Accused states that he will not dispute the
genuineness and correctness of dishonor Cheque & memo.
• Hence, 02 witnesses cited in list of witnesses by complainant at serial no. 2 & 3 stand dropped
from said list.
• In view of the submissions of the Ld. Counsel for the accused, framing of notice and factual matrix
of the case, the application under Section 145(2) NI Act is allowed, as liability is not admitted.
• The matter is now listed for trial, and the complainant is recalled for his cross-examination, and the
matter is converted into summons case. In case, the complainant wishes to file additional
documents for proving his evidence, post summoning evidence be filed with advance copy to the
opposite party alongwith relevant documents.
• Let matter be listed for evidence of the complainant on 17.12.2025.
Divyam Lila
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