Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM (MCD), Date of Order 11.04.2026
East, KKD, Delhi
File listed for 03.03.2026 taken up today as 03.03.2026 was declared holiday by
Hon’ble Delhi High Court as local holiday.
41CC NI ACT/2400/2025 ARCHANA SAHU Vs. SARTTAJ ALAM/0 (Preet Vihar)
Present: Sh. Manoj Kumar Yadav, Ld. counsel for the complainant.
Accused with Ld. Counsel Sh. Bhanu Kunj Singh.
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 and Vakalatnama is filed.
• As the offence is bailable in nature, let the bail bonds be filed by the accused person(s)
for Rs.20,000/- 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.
• Ld. counsel for the accused has confirmed that copy of complaint has served.
• Let the matter be listed for 30.07.2026 at 2.00 PM.
Divyam Lila
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