Order 5

Order Details: COPY OF ORDER
Pdf Text: 32CC NI ACT/2094/2025Delhi Nagrik Sehkari Bank Ltd Vs.PRABHA RANI/0 (Krishna
Nagar)
Present: AR for complainant in person.
Sh. Kunal Pundir, Ld. proxy counsel for complainant through VC.
Sh. Ashmit, Ld. counsel with proposed accused.
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) Accused stands served as she is appearing alongwith the counsel.
5) Keeping in view the facts and circumstances of the case and the offence
being bailable, the accused is admitted to bail for an amount of Rs.
20,000/- on furnishing of personal bonds and surety bonds. Personal
bonds and surety bonds not furnished. At request of the Ld. counsel for
the accused PB and SB are directed to be furnished on the NDOH.
6) Copy of complainant alongwith documents to be supplied.
7) Put up on 21.09.2026.
(Harshal Negi)
JMFC, MCD (East)
Karkardooma Courts/Delhi 17.05.2026
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