Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 3271/2026
Sunil Kumar Bajaj Vs. Govardhan
06.07.2026
Fresh complaint case filed U/s 138 NI Act. Let the same be
checked and registered.
Present: Ms. Payal, Ld. counsel for complainant.
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.
-- 1 of 1 --