Order 3

Order Details: COPY OF ORDER
Pdf Text: 48CC NI ACT/2142/2025Aadvi Enterprise Vs. Maha Gauri Fashions/0 (Gandhi Nagar)
01.06.2026
Present: Sh. Arpit Jain and Ms. Sandhya, Ld. counsel for complainant through VC.
Complainant in person.
1. In terms of the judgment passed by the 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.
2. Prima facie offence u/s 138 NI Act, 1881 is made out. Accordingly, cognizance
of the offence is taken. The PSE of the complainant is dispensed with in view of
the judgment of the Hon'ble Supreme Court of India in "AC Narayanan v. State
of Maharashtra & Ors." passed on 13.09.2013.
3. Materials on record suggest sufficient ground to summon the accused as per the
memo of parties.
4. Accordingly, issue summons to the accused along with 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.
5. The complainant is strictly directed to take the following steps for effecting
service:
a. To serve the summons along with a copy of the entire complaint and
document set through physical service, Post, and WhatsApp/Email.
b. The complainant must annex a copy of this very Order along with the
Summons and the Complaint set to ensure the accused is formally
apprised of the Court's mandates prior to appearance.
c. 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.
d. The complainant is required to file the service proof and affidavit on the
next date of hearing for effective service and further proceedings, failing
which the matter will be adjourned.
Let the matter be listed for report on summons and appearance of accused on
29.09.2026.
(Harshal Negi)
JMFC, MCD (East)
Karkardooma Courts/Delhi 01.06.2026
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