Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 35 CT Cases 689/2025
Heena Tangoria Vs. Abdul Hasan /0 (New Ashok Nagar)
28.01.2026
Present: Sh. Rajeev Kapoor, Ld. counsel for complainant.
Arguments on application u/s.175(3) BNSS heard. Record perused.
Brief facts as mentioned in the complaint are that complainant paid a
sum of Rs.1.10 lakhs to the proposed accused in the year January, 2020 for the
purpose of getting admission of complainant’s children in a reputed school.
Proposed accused used to give tuition to children of complainant. proposed accused
failed to secure admission of complainant’s children in a reputed school. proposed
accused issued a cheque bearing no.000014 drawn on Kotak Mahindra Bank, Delhi
to discharge his liability which was returned dishonoured with remarks ‘funds
insufficient’. It is further stated that proposed accused threatened complainant of
abducting her children. Complainant has filed a complaint u/s.138 N.I. Act which is
pending adjudication. Complainant was constrained to file complaint before SHO
PS New Ashok Nagar and higher police authorities but to no avail. Hence, the
present application.
ATR has been called from the PS concerned as per which the
transaction is stated to be civil in nature.
In the case in hand, the identity of the accused is known to the
complainant. No field investigation is required for collection of any evidence by
the police authorities. The proof of payment, etc. are also within the possession of
the complainant. Therefore, this court does not deem it fit to order the registration
of an FIR and put State machinery into motion. Application u/s.175(3) BNSS
stands dismissed accordingly.
Put up for examination of complainant and her witnesses u/s.223
BNSS on 30.03.2026.
(RINKU JAIN)
ACJM (EAST)/KKD/DELHI/28.01.2026
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