Full Order Text
Order 4 · 22 Dec 2025 · CNR DLET020213052024
Order Details: COPY OF ORDER Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 22.12.2025 East, KKD, Delhi 33CC NI ACT/2903/2024M/S DINESH INDUSTRIAL CORPORATION Vs. M/S SUPERWAVE COMMUNICATION AND INFRASOLUTION PRIVATE LIMITED/0 (New Ashok Nagar) Present: Ld. counsel for the complainant through VC. 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 no. 1 company, accused no. 2 Anshuman Singh and no. 3 Vineet Kumar Maheshwari, 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 22.05.2026. Divyam Lila Scan the QR Code for downloading Presiding Officer the summons, notices and warrants. All ordersheets are digitally signed and uploaded -- 1 of 1 --