Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 CC NI ACT/2147/2024
VIKASH NAHAR Vs. SANGEETA DEVI
/0 (Gandhi Nagar)
28.07.2026
Present: Sh. Siddhant Dhingra, Ld. Counsel for the complainant.
(through VC).
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.
1) 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.
2) Materials on record suggest sufficient ground to summon the
accused as per the memo of parties.
3) 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.
4) 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
-- 1 of 2 --
the Summons and the Complaint set to ensure the accused is
formally apprised of the Court's mandates prior to appearance.
c. 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 20.11.2026.
(HARSHAL NEGI)
JMFC, MCD (East)
Karkardooma Courts/Delhi/28.07.2026
-- 2 of 2 --