Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 21CC NI ACT/2110/2026KALYANI ENTERPRISES THROUGH
ITSATTORNEY HOLDER MR VISHAL BAGGAVs. SHYAM
MANUACTURING THROUGHITS PROPRIETOR MUKUL AGARWAL/0
(Gandhi Nagar)
Present: Sh. Prakhar Sharma, Ld. counsel for the complainant.
S. Vishal Bagga, SPA Holder through VC.
None for the accused.
 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.
 Cognizance: 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.
 Summoning: Materials on record suggest sufficient ground to summon
the accused as per the memo of parties. Compliance report was required to
be filed by the complainant, however, the complainant’s counsel has
submitted that he is not ready with the report, therefore, complainant’s is
directed to file proper report alongwith screen shot, affidavit of service and
postal receipt on the next date.
 Issue summons to the accused on filing of PF within 07 days from today
for 24.09.2026.
(HARSHAL NEGI)
JMFC (MCD), East District,
Karkardooma Courts/08.05.2026
-- 1 of 1 --