Full Order Text
Order 2 · 23 Dec 2025 · CNR DLET020231292025
Order Details: COPY OF ORDER Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 23.12.2025 East, KKD, Delhi 42 CC NI ACT / 1836/2025 Vikas Gupta Vs. Jyoti /0 (Shakarpur) Present: Ld. counsel for the complainant. Accused with Ld. Counsel Sh. S.K. Singh (as a Pro-bono). 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 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.15,000/- 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 16.05.2026. 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 --