Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CC NI ACT / 1473/2025
Apollo Pipes Ltd Vs. Sai Traders /0 (Preet Vihar)
25.05.2026
Present: AR of complainant through VC.
Sh. Navdeep Kumar and Ms. Viddyawati, Ld. counsel for the
complainant.
Matter is listed for consideration.
Ld. counsel for the complainant has moved an application for substitution of
AR. Since, cognizance in the present matter is yet to be taken, present application stands
allowed.
Matter is listed for consideration.
As per the recent judgment of Sanjobij Tari Vs. Kishore S. Borcar & Anr. Crl.
Appeal no. 1755 of 2010 passed by the Hon’ble Supreme Court of India, it has been held
that NI is a special law of as per the definition of Section 5 BNSS and there is no need to
issue summons to the proposed accused at pre cognizance stage. There is a huge backlog of
Section 138 cases and the provision of 223 BNSS causes an additional delay in disposal of
the same.
Keeping in view, the said judgment this court is of the humble opinion that
notice need not be issued to the proposed accused before taking cognizance.
Arguments heard on the point of summoning.
Record of the file perused. Following the law laid down in A. C. Narayanan
Vs. State of Maharashtra & Anr. (2014) 11 SCC 790 and in view of complaint; documents
produced with respect to return of cheque on dishonourment and service of legal demand
notice; and verification in the form of affidavit of evidence, there are sufficient grounds for
proceeding further against accused for offence punishable under Section 138 NI Act.
Let summons be issued to the accused on filing of PF/RC/AD/ speed post,
returnable on next date. Complainant is directed to file PF and take steps within one month
including providing copy(ies) of complaint and related documents. Ahlmad is directed to
issue the summons only after ensuring that the same has been done. The complainant is also
apprised of the fact that at the time of filing first PF, he is required to fill the mandatory NI
Act Complaint Meta Data.
Service be also effected on the email, WhatsApp message(s) and text message
of accused person(s), as provided by the complainant and further subject to filing of report
of service.
As per the guidelines laid down in the case titled as Damodar S. Prabhu Vs.
Sayed Babalal H, (2010) 5 SCC 663, the accused is at liberty to file an application for
compounding of the offence on the first or second date of hearing itself without imposition
of cost. However, failure to do the same and seeking compounding at a later stage will entail
a cost of 10% of the cheque amount. Same be mentioned on the summons.
Put up for appearance of accused, grant of bail and framing of notice on
07.10.2026.
(Prithvi Joshi)
JMFC (NI Act), East/ KKD,Delhi/25.05.2026
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