Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 07.01.2026
East, KKD, Delhi
26CC NI ACT/1838/2025 Karan Clothing Pvt Ltd Vs. Advait Bansal (Shakarpur)
Present: Ld. counsel for the complainant.
Accused with Ld. Counsel Sh. Suraj Gupta.
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 : Ld. counsel for the complainant has pointed out that recent judgment, passed
by Hon’ble Supreme Court of India in Cr. APP. no. 1755/2010 in “Sanjanabij 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.
• Formal summoning of the accused is dispensed with as Ld. counsel for the
accused is present with the counsel.
• 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.
• 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 21.04.2026.
Divyam Lila
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