CC NI ACT - Complaint Case 138 NI Act

NIKHIL BIYANIVsUPENDRA CHAURASHIYA

CNR DLET020181172024451-Judicial Magistrate First Class NI Act-01

Karkardooma, CMM Court

delhi · Delhi (DL)

CASE DISPOSED

Uncontested--COMPUNDED

Decision Date: 12th October 2026

TrustJury record updated 17 Oct 2026

Case Overview

Registration Number: 2554/2024
Registration Date: 04 Nov 2024

Advocates

For Petitioner

AMIT PUSHYA

For Respondent

Not available

Parties

Petitioner

1NIKHIL BIYANI

Respondent

1UPENDRA CHAURASHIYA

Acts & Sections

NEGOTIABLE INSTRUMENTS ACT · Sec 38

Case History / Proceedings

Case History

Date: 18-11-2024
Business: misc
Next Purpose: Misc./ Appearance
Next Hearing Date: 13-02-2025

Date: 13-02-2025
Business: FP
Next Purpose: Misc./ Appearance
Next Hearing Date: 08-03-2025

Date: 08-03-2025
Business: FP
Next Purpose: Misc./ Appearance
Next Hearing Date: 20-05-2025

Date: 20-05-2025
Business: FP
Next Purpose: Misc./ Appearance
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 12-05-2026

Date: 12-05-2026
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 12-10-2026

Date: 12-10-2026
Business: Compounded, file be consigned to record room.
Nature Of Disposal: COMPUNDED
Disposal Date: 12-10-2026

Additional Case Details

Filing Number: 18113/2024
Filing Date: 04-11-2024
eFiling Number: ADL20230015888C202400018
eFiling Date: 30-10-2024
First Hearing Date: 18th November 2024
Decision Date: 12th October 2026
Court Number And Judge: 451-Judicial Magistrate First Class  NI Act-01

Orders

Final Order 7

12 Oct 2026

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29 CC NI ACT / 2554/2024
NIKHIL BIYANI Vs. UPENDRA CHAURASHIYA / ()
12.10.2026
Present: Sh. Amit Pushya, Ld. counsel for the complainant.
Ld. counsel for the complainant has submitted that the matter has been
settled.
Separate statement of Ld. counsel for the complainant has been recorded
to this effect.
The present complaint case stands disposed off as withdrawn as settled.
Therefore, present matter is compounded. Accused in this matter is hereby acquitted.
File be consigned to record room as per rules.
(Prithvi Joshi)
JMFC (NI Act-01), East/ KKD,Delhi/12.10.2026
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Interim Order 6

12 May 2026

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20 CC NI ACT / 2554/2024
NIKHIL BIYANI Vs. UPENDRA CHAURASHIYA
12.05.2026
Present: None.
Report of BWs received back as executed.
However, none has entered appearance on behalf of the accused.
Be awaited.
(Prithvi Joshi)
JMFC (NI Act), East/ KKD,Delhi/12.05.2026
At 12:30 PM.
Present: None.
Despite repeated calls till 12:30 PM, none has appeared on behalf of
accused.
Issue NBW against accused to be executed through SHO PS
concerned, returnable on NDOH.
It is made clear that no application for cancellation of NBW shall be
entertained without proof of at least 5 days advance notice to opposite side.
In case of non-execution of NBW, process sever is directed to appear
physically before the court on NDOH.
Put up on 12.10.2026.
(Prithvi Joshi)
JMFC (NI Act), East/ KKD,Delhi/12.05.2026
-- 1 of 1 --

Interim Order 5

10 Dec 2025

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 CC NI ACT / 2554/2024
NIKHIL BIYANI Vs. UPENDRA
CHAURASHIYA
10.12.2025
Present: Ld. counsel for the complainant.
Summns received back duly served. Despite service, accused is absent.
Issue BW against the accused in the sum of Rs. 5,000/- to be executed
through SHO PS concerned for 12.05.2026.
(Ankit Solanki)
JMFC (NI Act), East/ KKD,Delhi/10.12.2025
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Interim Order 4

10 Sept 2025

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 CC NI ACT / 2554/2024
NIKHIL BIYANI Vs. UPENDRA CHAURASHIYA
10.09.2025
Present: Ld. counsel for the complainant.
Report of summons not received back.
Issue fresh summons to the accused through all modes on PF already filed.
Put up on 10.12.2025.
The complainant is at liberty to assist the process server.
(Ankit Solanki)
JMFC (NI Act), East/ KKD,Delhi/10.09.2025
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Interim Order 3Full order available

20 May 2025

Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 24 CC NI ACT / 2554/2024 NIKHIL BIYANI Vs. UPENDRA CHAURASHIYA / () 20.05.2025 The undesigned is also working as Link JMFC. Present: Ld counsel for complainant. None for proposed accused. Ld counsel for complainant submits that no further payment has been received from proposed accused. None has appeared on behalf of proposed accused despite repeated calls. Accordingly, right of proposed accused to make submissions on point of summoning in terms of…

Read Full Order

Interim Order 2

13 Feb 2025

Order Details: COPY OF ORDER
Pdf Text: 30 / 2554/2024 NIKHIL BIYANI Vs. UPENDRA CHAURASHIYA
13.02.2025
Present: Sh. Amit Pushya, Sh Rishabh Bhardwaj and Ms Victoriya Gupta, Ld
counsels for complainant.
Proposed accused absent despite service.
Ld counsel for complainant submits that proposed accused has
approached the complainant and has paid Rs 25,000/-. It is further submitted that
proposed accused had sought three months time to pay the remaining amount.
In view of submissions, no adverse order is being passed against the
proposed accused.
Be put up for appearance of proposed accused/submissions on point of
summoning on 20.05.2025.
(Navdeep Gupta)
JMFC( NI Act), East/KKD/Delhi/13.02.2025
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Interim Order 1

18 Nov 2024

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 47 CC NI ACT / 2554/2024 NIKHIL BIYANI Vs. UPENDRA
CHAURASHIYA / ()
18.11.2024
Matters are being taken up through hybrid mode.
Fresh case is received by way of e-filing. It be checked and registered.
Present: Sh. Amit Pushya, Ld. counsel for complainant with complainant.
Matter is at the stage of consideration.
Submission heard. Record perused.
Evidence by way of affidavit is already on record.
Ld. Counsel for complainant does not seek to examine any other witness in
PSE.
It is submitted that the present complaint was filed on 04.11.2024. Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS) shall be followed in the cases filed on or after
01.07.2024.
In view of first proviso of Sec-223 of BNSS, 2023, let court notice be issued to
the proposed accused for NDOH upon filing PF(within 15 days).
Put up for report/ consideration on 13.02.2025.
(Navdeep Gupta)
Judicial Magistrate-1st Class,
East/KKD Courts/Delhi/18.11.2024
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Order 6

12 May 2026

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20 CC NI ACT / 2554/2024
NIKHIL BIYANI Vs. UPENDRA CHAURASHIYA
12.05.2026
Present: None.
Report of BWs received back as executed.
However, none has entered appearance on behalf of the accused.
Be awaited.
(Prithvi Joshi)
JMFC (NI Act), East/ KKD,Delhi/12.05.2026
At 12:30 PM.
Present: None.
Despite repeated calls till 12:30 PM, none has appeared on behalf of
accused.
Issue NBW against accused to be executed through SHO PS
concerned, returnable on NDOH.
It is made clear that no application for cancellation of NBW shall be
entertained without proof of at least 5 days advance notice to opposite side.
In case of non-execution of NBW, process sever is directed to appear
physically before the court on NDOH.
Put up on 12.10.2026.
(Prithvi Joshi)
JMFC (NI Act), East/ KKD,Delhi/12.05.2026
-- 1 of 1 --

Order 5

10 Dec 2025

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 CC NI ACT / 2554/2024
NIKHIL BIYANI Vs. UPENDRA
CHAURASHIYA
10.12.2025
Present: Ld. counsel for the complainant.
Summns received back duly served. Despite service, accused is absent.
Issue BW against the accused in the sum of Rs. 5,000/- to be executed
through SHO PS concerned for 12.05.2026.
(Ankit Solanki)
JMFC (NI Act), East/ KKD,Delhi/10.12.2025
-- 1 of 1 --

Order 4

10 Sept 2025

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 CC NI ACT / 2554/2024
NIKHIL BIYANI Vs. UPENDRA CHAURASHIYA
10.09.2025
Present: Ld. counsel for the complainant.
Report of summons not received back.
Issue fresh summons to the accused through all modes on PF already filed.
Put up on 10.12.2025.
The complainant is at liberty to assist the process server.
(Ankit Solanki)
JMFC (NI Act), East/ KKD,Delhi/10.09.2025
-- 1 of 1 --

Order 3Full order available

20 May 2025

Read Full Order

Order 2

13 Feb 2025

Order Details: COPY OF ORDER
Pdf Text: 30 / 2554/2024 NIKHIL BIYANI Vs. UPENDRA CHAURASHIYA
13.02.2025
Present: Sh. Amit Pushya, Sh Rishabh Bhardwaj and Ms Victoriya Gupta, Ld
counsels for complainant.
Proposed accused absent despite service.
Ld counsel for complainant submits that proposed accused has
approached the complainant and has paid Rs 25,000/-. It is further submitted that
proposed accused had sought three months time to pay the remaining amount.
In view of submissions, no adverse order is being passed against the
proposed accused.
Be put up for appearance of proposed accused/submissions on point of
summoning on 20.05.2025.
(Navdeep Gupta)
JMFC( NI Act), East/KKD/Delhi/13.02.2025
-- 1 of 1 --

Order 1

18 Nov 2024

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 47 CC NI ACT / 2554/2024 NIKHIL BIYANI Vs. UPENDRA
CHAURASHIYA / ()
18.11.2024
Matters are being taken up through hybrid mode.
Fresh case is received by way of e-filing. It be checked and registered.
Present: Sh. Amit Pushya, Ld. counsel for complainant with complainant.
Matter is at the stage of consideration.
Submission heard. Record perused.
Evidence by way of affidavit is already on record.
Ld. Counsel for complainant does not seek to examine any other witness in
PSE.
It is submitted that the present complaint was filed on 04.11.2024. Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS) shall be followed in the cases filed on or after
01.07.2024.
In view of first proviso of Sec-223 of BNSS, 2023, let court notice be issued to
the proposed accused for NDOH upon filing PF(within 15 days).
Put up for report/ consideration on 13.02.2025.
(Navdeep Gupta)
Judicial Magistrate-1st Class,
East/KKD Courts/Delhi/18.11.2024
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