Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 72 Cc Ni Act / 10517/2025
The Delhi Safe Deposit Co Ltd Vs. Taneja Complete Home
Solutions Private Limited And Ors
73 Cc Ni Act / 10518/2025
The Delhi Safe Deposit Co Ltd Vs. Taneja Complete Home
Solutions Private Limited And Ors
74 Cc Ni Act / 10520/2025
The Delhi Safe Deposit Co Ltd Vs. Taneja Complete Home
Solutions Private Limited And Ors
01.09.2026
Present : Sh. Vivek Bhagat, Ld. counsel for complainant along-
with AR of the complainant.
Physical file submitted.
An application for substitution of AR of the
complainant moved by Ld. Counsel alongwith a certified copy of
board resolution passed. Heard. Documents perused. Application is
allowed. Let Sh. Manish Pandey be substituted as the new AR of the
complainant company and all the other previous ARs be relieved as
AR.
This complaint is filed U/s. 138 of NI Act. It is alleged
in the complaint that the accused had issued cheque in favour of
complainant in discharge of his liability. On presentation, the cheque
was returned dishonored. Thereafter, the complainant made the
demand for the payment of the cheque amount by giving the
statutory notice. The accused failed to make the payment within the
prescribed period of 15 days from the receipt of the demand notice.
Complaint perused. Documents perused.
I have perused the complaint, copy of authority letter in
favour of AR of the complainant, the evidence by way of affidavit of
the AR of the complainant and the documents relied upon by the
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complainant. The present complaint has been filed within the period
of limitation and within the jurisdiction of this Court. The original
documents have been exhibited in accordance with the pre
summoning evidence by way of affidavit and the affidavit of
evidence is Ex.CW-1/A.
As per the judgment of Hon'ble Supreme Court in A.C.
Narayanan Vs. State of Maharashtra and Anr. 2014 11 SCC 790
the examination of the complainant upon oath for issuance of
process is a matter of discretion of the Magistrate. In the considered
opinion of this Court, there is no need to examine the complaint for
the purpose of issuance of process. There is sufficient material
before this Court to proceed against the accused. I hereby take
cognizance of the offence U/s. 138 of N.I. Act.
Perusal of the record shows that the accused No.1 is a
company and as per the averments made in the complaint accused
no.2 to 4 were directly involved in day to day affairs of accused no.1
and as per MCA data accused no5 and 6 were the directors at the
time of dishonor of the cheque in question. Let summons be issued
to accused No.1 to 6 at the given address(es) through all permitted
modes including dasti on filing of PF within 180 days, returnable
27.10.2027.
Complainant is directed to file tracking report and
affidavit of service on NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
01.09.2026
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