Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 90 CC NI ACT / 2209/2025 Dev Singh Vs. Manish Kumar / ()
27.08.2025
(Also through VC Proceedings via CISCO Webex)
Lawyers are abstaining from work today due to strike.
Present: Sh. Neeraj, ld. proxy counsel from NDBA..
Matter is at the stage of consideration.
Court notice issued to the proposed accused received back duly served. It seems
that he does not have the objection.
1. Arguments on behalf of the complainant heard on point of cognizance as well
as summoning.
2. Present complaint is filed alleging that accused had issued the cheque(s)
bearing No. 000032 of IDFC Bank to the complainant to discharge his/ her legal
liability which got dishonored. Thereafter, complainant sent a legal demand notice and
despite service of the same, accused failed to make the payment and thereby
complainant prays to take cognizance U/Sec.142 of Negotiable Instruments Act, 1881
for the offence punishable U/Sec. 138 of Negotiable Instruments Act, 1881/25 PASSA
Act 2007.
3. After considering the present complaint, attached documents and the evidence
of complainant by way of affidavit which is considered qua the requirement of section
202 of Cr.PC, I am of the view that Prima facie case is made out for the offence
U/Sec. 138 of NI Act,1881/25 PASSA Act 2007 therefore, I take the cognizance in the
present case for the offence punishable U/Sec. 138 of NI Act,1881/ 25 PASSA Act
2007.This court is of further opinion that
prima facie there is sufficient material to
proceed against the accused.
4 Dasti summons be issued against the accused Manish Kumar (signatory
to the cheque) on filing of PF within 30 days for NDOH for the purpose of speed
post/self delivery to the accused.
Complainant is directed to file Tracking Report on NDOH.
Complainant is also given an opportunity to file fresh address of accused
alongwith affidavit of physical verification alongwith Google location of verification
and photographs of the house.
Time to follow strictly.
Matter be put up for appearance of accused/furnishing of Bail Bond on
19.01.2026.
(Snehil Sharma)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/27.08.2025
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