Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT / 8260/2025 HAR LAL GUPTA Vs. MUKESH YADAV PROPRIETOR
25.05.2026
ORDER
1. Vide this order, I shall decide application for discharge of the accused.
2. Ld. Counsel for the accused submits that, in terms of the averments made by the
complainant, the accused in the present transaction issued the cheques in question
towards part payment of his liability. The total outstanding liability as per the case
of the complainant is purported to be Rs. 1,19,08,593/- and in respect of which 12
cheques came to be issued by the accused. Out of which 3 cheques form part of the
case at hand. He submits that, on the date of presentation of the cheque in question,
the liability of the accused was not in consonance with the amount reflected on the
cheques in question. Furthermore, on the date of filing of the complaint, the actual
outstanding liability was Rs. 83,84,553/-. A sum of Rs. 5,00,000/- paid by the
accused on 28.03.25 has not been considered for adjustment by the complainant.
2.1 Along with his application, he has also filed a copy of the entire ledger
statement maintained with the complainant and statement of account of the
accused from 01.04.24-01.04.25.
3. Ld. Counsel for the complainant submits that the cheques in question have been
rightfully issued basis the liability reflected in the invoices appended with the
complaint. Along with his reply, he furnished a copy of the ledger statement from
01.04.24- 06.11.2025. Ld. Counsel placed reliance upon the judgment of the
Hon’ble HC of Delhi in
Mr. Manoj Nagar v. COIM India Pvt. Ltd.1 to state that,
the existence of a legally enforceable debt is to be determined from the date of
drawal of the cheque.
4. Arguments heard. Record perused.
5. The instant application has been preferred by the accused under Proviso to Section
274 BNSS, which gives the court power to discharge the accused if the charge i.e.
substance of accusation, herein appears to be ‘groundless’.
1 Crl.M.C. 2325/2023.
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6. In a prosecution under Section 138 NI Act, cognizance is taken when prima facie
all the ingredients under Section 138 of the NI Act are meted out, perusal of the
averments made by the complainant alongwith requisite documents. It is not open
for the court to place reliance upon the documents furnished by the accused at this
stage to determine existence of a legally enforceable debt, if any. The same is
subject to trial and decision at the stage of judgment.
7. Whether, the liability of the accused is lesser than the amount reflected on the
cheques in question, is a triable issue. The same cannot be decided at this stage.
8. Accordingly, the application for discharge moved by the accused is dismissed.
9. Nothing stated hereinabove shall tantamount to be an expression of any opinion on
the merits of this case.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/25.05.2026
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