Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 22.09.2025
East, KKD, Delhi
25 CC NI ACT / 1823/2024 Divya Unnati Cooperative Urban Thrift And Credit Society Ltd Vs.
Ashish Mishra /0 (Pandav Nagar)
Present: AR of the complainant with Ld. Counsel Sh. Satwant Singh.
Respondent with Ld. Counsel.
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 : 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.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 framing of notice, admission denial and consideration on the
application under Section 145(2) of NI Act. (advance to be supplied).
• Let the matter be listed for 16.02.2026.
• (Meanwhile referred to Mediation for 27.09.2025 at 12.00 noon, and in case the
matter is not settled, let the matter be listed for the purpose already.
• In case, the parties arrive at a mediation settlement, or MOU, all the parties are
required to appear physically in the court for recording the statement of confirmation
to give effect to the settlement. In case, no mediation / settlement arrives, the matter
will be listed for the purpose of already listed, and no adjournment shall be given).
Divyam Lila
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