Order 4

Order Details: COPY OF ORDER
Pdf Text: 28 CC NI ACT 958/2025
G K Winding Wires Ltd Vs. SRI RANI BHUWAL INDUSTRIES THROUGH ITS AUTHORIZED
SIGNATORY MR RAJESH CHHAJER
/0 (Preet Vihar)
04.06.2026
Present: Sh. D S Mehta, Ld. Counsel for the complainant.
1) In terms of the judgment passed by the Hon'ble Supreme Court of India in Cr. APP.
no. 1755/2010 in "Sanjabij 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.
2) Prima facie offence u/s 138 NI Act, 1881 is made out. Accordingly, cognizance of
the offence is taken. The PSE of the complainant is dispensed with in view of the
judgment of the Hon'ble Supreme Court of India in "AC Narayanan v. State of
Maharashtra & Ors." passed on 13.09.2013.
3) Materials on record suggest sufficient ground to summon the accused as per the
memo of parties.
4) Accordingly, issue summons to the accused along with 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.
5) The complainant is strictly directed to take the following steps for effecting service:
a.
To serve the summons along with a copy of the entire complaint and
document set through physical service, Post, and WhatsApp/Email.
b.
The complainant must annex a copy of this very Order along with the
Summons and the Complaint set to ensure the accused is formally apprised of
the Court's mandates prior to appearance.
c.
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.
d.
The complainant is required to file the service proof and affidavit on the next
date of hearing for effective service and further proceedings, failing which
the matter will be adjourned.
Let the matter be listed for report on summons and appearance of accused on 24.09.2026.
(HARSHAL NEGI)
JMFC, MCD (East)
Karkardooma Courts/Delhi/04.06.2026
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