Order 4

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM(MCD), Date of Order 02.05.2025
East, KKD, Delhi
27 CC NI ACT / 1716/2024 Chetan Srivastav Vs. Gaurav Saini /0 (Preet Vihar)
Present: Complainant with Ld. Counsel.
Sh. S.N. Tripathi, Ld. counsel for the accused persons.
Both accused absent.
The notice on the respondent is received back as delivered, hence,
deemed served. 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. 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.
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
persons namely Gaurav Saini and Mohd. Shahid. Formal summoning of the accused is
hereby dispensed with as the ld. Counsel is present for the accused persons.
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.
Let the matter be listed for formal bail, 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 01.08.2025.
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