Order 4

Order Details: COPY OF ORDER
Pdf Text: 39 CC NI ACT 1489/2025
MS IMPERIAL BIOTECH PVT LTD THROUGH DIRECTOR
DARSHITAM
GOYAL Vs. MS HEMOCARE BLOOD BANK THROUGH PROPRIETOR
MADHAN KUMAR G
/0 (Mayur Vihar)
08.07.2026
Present: Sh. Mithlesh, Ld. Counsel for the complainant through VC.
1) In terms of the judgment passed by the 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.
2) Prima facie offence u/s 138 NI Act, 1881 is made out.
Accordingly, cognizance of the offence is taken. The PSE of
the complainant is dispensed with in view of the judgment of
the Hon'ble Supreme Court of India in "AC Narayanan v.
State of Maharashtra & Ors." passed on 13.09.2013.
3) Materials on record suggest sufficient ground to summon the
accused as per the memo of parties.
4) Accordingly, issue summons to the accused along with 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
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modes.
5) The complainant is strictly directed to take the following steps
for effecting service:
a. To serve the summons along with a copy of the entire complaint
and document set through physical service, Post, and
WhatsApp/Email.
b. The complainant must annex a copy of this very Order along with
the Summons and the Complaint set to ensure the accused is
formally apprised of the Court's mandates prior to appearance.
c. The complainant is required to file the service proof and affidavit
on the next date of hearing for effective service and further
proceedings, failing which the matter will be adjourned.
Let the matter be listed for report on summons and appearance of
accused on 29.10.2026.
(HARSHAL NEGI)
JMFC, MCD (East)
Karkardooma Courts/Delhi/08.07.2026
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