Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM(MCD), Date of Order 29.05.2025
East, KKD, Delhi
34 CC NI ACT / 2512/2024 Indian Overseas Corporation Pvt Ltd Vs. Shabana /0
(Preet Vihar)
Present: Ld. counsel for the complainant.
None for the accused.
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 : The complainant has filed service affidavit and service upon the
respondent, hence, deemed served. Respondent is absent despite being aware of
court proceedings. Arguments shall be heard in his absence.
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.
Accordingly, issue summon on both the address of accused subject to filing
PF/RC within 15 days from today. Summon be sent for service through all
permissible modes including electronic modes.
• Dasti summons be also given to the complainant for service through WhatsApp
alongwith screen shot and affidavit of service of the summons and the complaint
upon the accused.
• Let the matter be listed for report on summons and appearance of accused on
10.10.2025.
Divyam Lila
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