Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 CC NI ACT / 439/2025
Nityo Gartex Pvt Ltd Vs. Kanishq Fashion
Ld. PO is on leave.
Reader of the Court is on leave.
Regular Stenographer is on leave.
Orderly of Court is on leave.
Assistant Alhmad is on leave.
Present: Sh. Arpit Jain, Ld. Counsel for the complainant.
None for the prposed accused.
In compliance of the first proviso of section 223 BNSS an
opportunity of being heard was given to the prospoed accused. However, he has failed to
appear.
It appears that porposed accused has no objection on the point of
cognizance.
Submissions heard on point of summoning.
Record of the 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. I, therefore,
take cognizance of the said offence.
Arguments heard on the point of summoning. Following the law laid down in
A. C. Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC 790, complaint, affidavit
of evidence and documents considered. In view of complaint; documents produced with
respect to return of cheque on dishonourment and service of legal demand notice; and
verification in the form of affidavit of evidence, there are sufficient grounds for proceeding
further against accused for offence punishable under Section 138 NI Act.
Since the accused has already entered his appearance, his formal summoning
is dispensed with.
Be taken up for furnishing bailbonds/ framing of notice for 05.12.2025.
( Shruti Saraswat)
RJMFC East/KKD,Delhi/20.08.2025
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