Order 5

Order Details: COPY OF ORDER
Pdf Text: 27 CC NI ACT 930/2025
M/s JMD Garments Vs. M/S STYLO FASHIONS
/0 (Gandhi Nagar)
13.07.2026
Present: Sh. Raman Shankar, Ld. Counsel for the complainant through
VC.
Sh. Kuldeep Kumar, Ld. Counsel for the proposed accused
alongwith proposed accused.
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) Since accused is appearing, he stands served.
5) Copy of the complaint and documents provided to the accused
today.
6) Keeping in view the facts and circumstances of the case and the
offence being bailable, the accused is admitted to bail for an amount
of Rs. 5,000/- on furnishing of personal bonds and surety bonds.
Personal bonds and surety bonds not furnished. At request of the Ld.
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counsel for the accused PB and SB are directed to be furnished on
the NDOH.
7) Notice of accusation is framed on the accused separately. Accused
has not pleaded guilty and claimed trial.
8) At this stage, admission/denial of documents under Section 294 Cr.
P.C. done. Accused states that he will not dispute the genuineness
and correctness of dishonor Cheque & memo Hence, 02 witnesses
cited in list of witnesses by complainant at serial no. 2 & 3 stand
dropped from said list.
9) Ld. counsel for the accused orally prays that the accused may be
permitted to cross-examine the complainant u/s 145(2) NI Act.
10) Submissions heard on behalf of both the parties.
11) Keeping in view the submissions made by the Ld. counsel for both
the accused and the defence raised by the accused, the accused is
directed to cross-examine the complainant on the NDOH without
fail u/s 145(2) NI Act.
12) The present matter is being referred to Mediation for 03.08.2026 at
12.30 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.
13) Put up on 08.10.2026.
(HARSHAL NEGI)
JMFC, MCD (East)
Karkardooma Courts/Delhi/13.07.2026
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