Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM(MCD), Date of Order 02.06.2025
East, KKD, Delhi
22 CC NI ACT / 466/2025 VIPIN Vs. SANDEEP GUPTA /0 (Gazipur)
Present: Ld. counsel for the complainant
Sh. Piyush Sharma and Sh. Saurabh Sharma, Ld. counsels with the accused
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 notice on the respondent is received back as delivered, hence, deemed served.
• Respondent is present with the counsel and Vakalatnama has been filed.
• 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.20,000/- each alongwith one surety of like amount on the next date alongwith
ID Proof and Address Proof of accused and the surety.
Let the matter be listed for framing of notice, admission denial and
consideration on the application under Section 145(2) of NI Act.
The accused is directed to supply the advance copy of the application under
Section 145(2) NI Act to the other side for the purpose of consideration.
Let the matter be listed for 28.08.2025.
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