Order 2

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 16.12.2025
East, KKD, Delhi
27CC NI ACT/1723/2025 Jagdish Kumar Vs. Himanshu (Kalyan Puri)
Present: Complainant with Ld. counsel Sh. Kapil Goel.
None 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 : In terms of judgment, passed by 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.
• 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 as per the memo of
parties. Accordingly, issue summons to the accused alongwith 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. The complainant is
required to take following steps for service :-
◦ To serve the summons alongwith copy of entire complaint and documents set, through
physical service, Post and WhatsApp alongwith proof of service of the summons,
application and the complaint upon the respondent.
◦ Format of summons and Service Affidavit is available in the foot-note of the ordersheet.
Scan the same with the Camera, fill the details, take four printouts and file the same
with the PF in the Court.
◦ Dasti notice will be given. The complainant is required to file the service proof and
affidavit on the next date of hearing in the court for effective service and further
proceedings. The complainant is required to file service proof on the next date, failing
which the matter will be adjourned.
◦ Let the matter be listed for report on summons and appearance of accused on 07.05.26.
Divyam Lila
Scan the QR Code for downloading Presiding Officer
the summons, notices and warrants. All ordersheets are digitally signed and uploaded
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