Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 27.09.2025
East, KKD, Delhi
13 CC NI ACT / 2279/2024
Sandhya Sharma Vs. Sanjeev Kumar Gaur and ors (Gazipur)
Present: Complainant in person.
Accused with Ld. Counsel Sh. Mufeed and Sh. Vijay Kumar.
Stage : The matter is at the stage of pre-cognizance hearing under Section 223 BNSS.
Order : Ld. counsel for the complainant has pointed out that recent judgment, passed by Hon’ble
Supreme Court of India in Cr. APP. no. 1755/2010 in “Sanjanabij 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.
• 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.
• 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/- alongwith one surety of like amount on the next date alongwith ID Proof and
Address Proof of accused and the surety.
• Formal notice is framed, the accused has not pleaded guilty having understood the complaint
filed against him and claimed trial. Admission/denial of documents also 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.
• In view of the submissions of the Ld. Counsel for the accused, framing of notice and factual
matrix of the case, the application under Section 145(2) NI Act is allowed, as liability is not
admitted.
• The matter is now listed for trial, and the complainant is recalled for his cross-examination, and
the matter is converted into summons case.
• In case, the complainant wishes to file additional documents for proving his evidence, post
summoning evidence be filed with advance copy to the opposite party alongwith relevant
documents. Let matter be listed for evidence of the complainant on 02.02.2026.
Divyam Lila
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