Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM(MCD), Date of Order 30.07.2025
East, KKD, Delhi.
55 CC NI ACT / 3046/2024 Rakesh Choudhary Vs. Santosh Kumar
Suman /0 (Mandawali)
Present: Sh. Pramath Gupta, Ld. counsel for the complainant
Ld. counsel for the accused.
Stage :The matter is at the consideration of the present case under Section 138 NI Act,
subject to pre-cognizance hearing to the respondent under Section 223(1) BNSS.
Proceedings : No arguments qua the pre-cognizance hearing has been made by the Ld.
Counsel for the respondent and no substance is made out for not taking the cognizance.
It is submitted by Ld. counsel for the complainant that the complainant is situated
within the territorial jurisdiction of this court.
Order :
• 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. Heard on issuance of process.
• Materials on record suggest sufficient ground to summon the accused. Formal
summoning of the accused is hereby dispensed with as the ld. Counsel for the
accused is present.
• As the offence is bailable in nature, let the bail bonds be filed by the accused
person(s) for Rs.30,000/- each alongwith one surety of like amount on the next
date alongwith ID Proof and Address Proof of accused and the surety.
• Let the matter be listed for framing of notice, admission denial and consideration
on the application under Section 145(2) of NI Act. (advance to be supplied).
• Let the matter be listed for 21.11.2025.
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