Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 24.09.2025
East, KKD, Delhi
36 CC NI ACT / 298/2025 SHAKEEL AHMED Vs. SAIYYAD SADULLAH SAYYAD HABIBULLAH
Present: Ld. counsel for the complainant.
Accused with Ld. Counsel Sh. Sunil Kumar Bhardwaj.
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 : Fresh Vakalatnama has been filed alongwith application under Section 145(2) NI Act.
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.30,000/- each alongwith one surety of like amount on the next date alongwith ID Proof and
Address Proof of accused and the surety.
• Formal notice is framed, the accused has not pleaded guilty having understood the complaint
filed against him and claimed trial. Admission/denial of documents also 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 20.02.2026.
Divyam Lila
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