Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 04.11.2025
East, KKD, Delhi
28 CC NI ACT / 565/2025 Sikander Dihloor Vs. Sagar Beniwal (Kalyan Puri)
Present: Ld. counsel for the complainant.
Proxy counsel for the accused.
Stage : Fresh complaint under Section 138 NI Act has been filed for complaint case, the matter is at
the stage of pre-cognizance hearing under Section 223 BNSS.
Order : Ld. counsel for the complainant has pointed out that recent judgment, passed by Hon’ble
Supreme Court of India in Cr. APP. no. 1755/2010 in “Sanjanabij Tari Vs. Kishore S. Borcar & Anr.”
passed on 25.09.2025, it was directed in paragraph 36(E) that there shall be no requirement to issue
summons for pre-cognizance hearing under the cases of Section 138 of NI Act. Hence, the matter is
now proceeded directly on the consideration of the case on cognizance and summoning.
• 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.
• Materials on record suggest sufficient ground to summon the accused. Accordingly, issue
summons to the accused alongwith the copy of the complaint and documents, subject to
filing PF/RC within 15 days from today. Summons be sent for service through all
permissible modes including electronic modes. The complainant is required to take
following steps for service :-
◦ To serve the summons alongwith copy of entire complaint and documents set, through
physical service, Post and WhatsApp alongwith proof of service of the summons,
application and the complaint upon the respondent.
◦ Format of summons and Service Affidavit is available in the foot-note of the ordersheet.
Scan the same with the Camera, fill the details, take four printouts and file the same
with the PF in the Court.
◦ Dasti notice will be given. The complainant is required to file the service proof and
affidavit on the next date of hearing in the court for effective service and further
proceedings. The complainant is required to file service proof on the next date, failing
which the matter will be adjourned. Let the matter be listed for report on summons and
appearance of accused on 28.02.2026.
Divyam Lila
Scan the QR Code for downloading Presiding Officer
the summons, notices and warrants. All ordersheets are digitally signed and uploaded
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