Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 23.01.2026
East, KKD, Delhi.
15 CC NI ACT / 2307/2024 UMMED SINGH PANWAR Vs. JAIPAL SINGH /0 (Gazipur)
Present: Complainant alongwith Ld. counsel.
Sh. Ashish Kumar, Ld. proxy counsel for the accused.
Stage : Fresh complaint under Section 138 NI Act has been filed for complaint case, 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 dispensed with as Ld. counsel for the accused is
present and Vakalatnama is filed already.
• As the offence is bailable in nature, let the bail bonds be filed by the accused person(s)
for Rs.20,000/- alongwith one surety of like amount on the next date alongwith ID
Proof and Address Proof of accused and the surety. Personal bonds already furnished by
the accused.
• Let the matter be listed for 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 17.03.2026.
Divyam Lila
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