Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 22.12.2025
East, KKD, Delhi
34CC NI ACT/29/2025 M/S HELPAGE FINLEASE LTD Vs. GMDM GLOBAL ENERGY PVT LTD
Present: Ld. counsel for complainant.
Sh. Nikhil Rajput, Ld counsel for the accused no. 1 & 2.
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. company and accused
no. 2 Gaurav Maheshwari as per the memo of parties. ACcused no. 3, Manish, accused no. 4
Deepak, accused no. 5 Meeta and accused no. 6 Satyender Singh are not summoned in the
present matter as they are neither the signatory nor shown to be the director or employee of the
employee of the accused no. 1 company, and therefore, no summoning is made out against theses
accused no. 3 to 6 under Section 141 NI Act. Accordingly, issue summons to the accused no. 1 &
2 alongwith the copy of the complaint and documents.
• Formal summoning of the accused is dispensed with as Ld. counsel for the accused is present
with the counsel through VC. and Vakalatnama is filed.
• As the offence is bailable in nature, let the bail bonds be filed by the accused person(s) for
Rs.40,000/- alongwith one surety of like amount on the next date alongwith ID Proof and
Address Proof of accused and the surety.
• Amended memo be filed accordingly.
• Let the matter be listed for framing of notice, admission denial and consideration on the
application under Section 145(2) of NI Act.
• The accused is directed to supply the advance copy of the application under Section 145(2) NI
Act to the other side for the purpose of consideration.
• Let the matter be listed for 25.04.2026.
Divyam Lila
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