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CC NI ACT - Complaint Case 138 NI Act

Kamal Encon Industries LtdVsAtharva Surgicals

CNR DLND020170162024772-Judicial Magistrate First Class (NI ACT)-05
Patiala House Court - CMM Court
delhi · Delhi (DL)
PENDING

TrustJury record updated 12 Oct 2026

Case Overview

Registration Number
1226/2024
Registration Date
19 Mar 2024
Next Hearing Date
06 Jan 2027
Case Stage
Post-Summoning Evidence

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Kamal Encon Industries Ltd

    Respondent

    1. 1Atharva Surgicals

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 19-03-2024
Business: app
Next Purpose: Misc. cases
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: app
Next Purpose: Misc. cases
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: app
Next Purpose: Misc. cases
Next Hearing Date: 22-02-2025

Date: 22-02-2025
Business: app
Next Purpose: Misc. cases
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: fp
Next Purpose: Notice
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: Bail Bond accepted
Next Purpose: Notice
Next Hearing Date: 14-05-2025

Date: 14-05-2025
Business: fp
Next Purpose: Notice
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: FP
Next Purpose: Notice
Next Hearing Date: 01-11-2025

Date: 01-11-2025
Business: app
Next Purpose: Post-Summoning Evidence
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: app
Next Purpose: Post-Summoning Evidence
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: app
Next Purpose: Post-Summoning Evidence
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: app
Next Purpose: Post-Summoning Evidence
Next Hearing Date: 06-01-2027

    Additional Case Details

    Additional Case Details
    Filing Number: 17017/2024
Filing Date: 18-03-2024
eFiling Number: ADL20230002653C202400013
eFiling Date: 13-03-2024
First Hearing Date: 19th March 2024
Court Number And Judge: 772-Judicial Magistrate First Class (NI ACT)-05

    Orders

    20
    Interim Order 10
    14 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 93 Ct Cases / 1226/2024
Kamal Encon Industries Ltd Vs. Atharva Surgicals
14.08.2026
Present : Sh. Arvind Bhatt and Mr. Asheesh Kumar Mishra, Ld.
counsel for complainant along-with AR of the
complainant.
Mr. Mukesh Chandekar, Ld. counsel for accused no.2, 3
and 4.
Sh. Mayank Choudhary, Ld. counsel for accused no.5.
Accused no.5 appeared through VC.
CW-1 partly cross examined by Ld. counsel for accused
No.2, 3 and 4. Further cross-examination is deferred. Receipt of cost
be filed by the accused persons on next date of hearing.
List for remaining cross-examination on 06.01.2027.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
14.08.2026
-- 1 of 1 --
    Interim Order 9
    20 Apr 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 141 Ct Cases / 1226/2024
Kamal Encon Industries Ltd Vs. Atharva Surgicals
20.04.2026
Present : Sh. Arvind Bhatt and Mr. Asheesh Kumar Mishra, Ld.
counsel for complainant along-with AR of the
complainant.
Accused No.2 Akshay Gaidhane appeared through VC.
Accused no.4 appeared through VC.
Sh. Mayank Choudhary, Ld. counsel for accused No.5
along-with accused no.5 appeared through VC.
Accused no.6 not summoned.
The matter is listed for examination of CW-1.
CW-1 examined in chief. Cross-examination is deferred
as Ld. counsel for accused persons are not present in court and
adjourment sought on behalf of the accused.
Ld. counsel for accused no.5 states that he has been
recently engaged. Complainant is directed to supply a copy of
complaint along-with its relevant documents to the opposite party
on their email id i.e. Mayankchoudharyadv@gmail.com and contact
no. 9992803701.
One single opportunity is given to the accused person
to cross examine the witness on NDOH subject to payment of cost
of Rs.5000/- to be deposited in DLSA, New Delhi. Receipt of cost
be filed on NDOH.
List for cross-examination of CW-1 on 14.08.2026.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
20.04.2026
-- 1 of 1 --
    Interim Order 8Full order available
    01 Nov 2025

    Order Details: COPY OF ORDER Pdf Text: 94 Ct Cases / 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 01.11.2025 Present : Sh. Arvind Bhatt along-with Sh. Asheesh Kumar Mishra, Ld. counsel for complainant along-with AR of the complainant. Sh. Mukesh Chandekar, Ld. counsel for accused no.1, 2, 3 & 4 along-with accused no.2 and 3. Accused no.4 appeared through VC. Sh. Digvijay Khapre, Ld. counsel for accused no.5 along-with accused. Since the offence u/s 138 NI Act is bailable…

    Read Full Order
    Interim Order 7Full order available
    20 Aug 2025

    Order Details: COPY OF ORDER Pdf Text: 113 Ct Cases / 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 20.08.2025 Present : Sh. Arvind Bhatt and Sh. Asheesh Kumar Mishra, Ld. counsel for complainant along-with AR of the complainant. Sh. Mukesh Chandekon, Ld. counsel for accused no.2, 3 and 4 along-with accused no.2. Accused no.3 and 4 appeared through VC. Sh. Digvijay Khapre, Ld. counsel for accused no.5 alongwith accused no.5 appeared through VC. Accused no.6 not summoned. The matter…

    Read Full Order
    Interim Order 6Full order available
    14 May 2025

    Order Details: COPY OF ORDER Pdf Text: 91 Ct Cases 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 14.05.2025 Present: Sh. Arvind Bhatt, Ld. Counsel for the complainant (through VC). Sh. Asheesh Kumar, Ld. Counsel for the complainant alongwith AR. Sh. Mukesh Chandekar, Ld. Counsel for accused no. 2, 3 & 4. Accused no. 2 present in person. Accused no. 4 present (through VC). None for accused no. 5. An application seeking exemption from personal appearance on behalf of accused…

    Read Full Order
    Interim Order 5
    07 Apr 2025
    Order Details: COPY OF ORDER
Pdf Text: CC No. 1226-24
Kamal Encon Industries Ltd. Vs. Atharva Surgicals
07.04.2025
File taken up upon oral mentioning of Ld. Counsel for
accused.
Present: Sh. Digvijay Khapre, Ld. Counsel for accused no.5
alongwith accused no. 5.
Fresh vakalatanama filed by Ld. Counsel on behalf of
accused no.5. Same is taken on record.
Surety bonds furnished. Same are considered and
accepted.
FDR be taken on record. Intimation be sent to concerned
bank.
Put up on date fixed i.e. 14.05.2025.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
07.04.2025
-- 1 of 1 --
    Interim Order 4
    27 Mar 2025
    Order Details: COPY OF ORDER
Pdf Text: 60 Ct Cases 1226/2024
Kamal Encon Industries Ltd Vs. Atharva Surgicals
27.03.2025
Present: Sh. Arvind Bhatt and Sh. Asheesh Kumar Mishra Sh. Kuber
Giri Ld. Counsel for complainant alongwith AR.
Sh. Mukesh Chauhan, Ld. Counsel for accused no.2, 3 & 4
(through VC).
Sh. Digvijay, Ld. Counsel for accused no.5 (through VC).
Fresh affidavit of newly substituted AR has been placed on
record. Same is taken on record. Let copy of the same be supplied to
opposite side.
Ld. Counsel for all the accused persons submit that they have
received the copy of complaint alongwith documents.
Time is sought as accused persons are not available today.
Same is opposed by Ld. Counsel for complainant.
Heard. Allowed.
All the accused persons are directed to be present on NDOH.
Put up for furnishing of bail bonds / framing of notice on
14.05.2025.
Date is given as per convenience of both the parties.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
27.03.2025
-- 1 of 1 --
    Interim Order 3Full order available
    22 Feb 2025

    Order Details: COPY OF ORDER Pdf Text: 28 Ct Cases 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 22.02.2025 Lawyers are abstaining from work today due to strike. Present: Ld. Proxy counsel for complainant alongwith AR. Ld. Proxy counsel for accused no. 2, 3 & 4. Ld. Proxy counsel for accused no. 5 (through VC). An application for substitution of AR of the complainant moved by Ld. Counsel alongwith a certified copy of board resolution dt. 01.02.2025 alongwith authority letter.…

    Read Full Order
    Interim Order 2Full order available
    24 Oct 2024

    Order Details: COPY OF ORDER Pdf Text: 91 Ct Cases 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 24.10.2024 Present: Sh. Kuber Giri, Counsel for complainant alongwith AR. Sh. Mukesh Chandrekar, Counsel for the accused no.2, 3 & 4. Accused no. 2 present in person. Accused no. 3 & 4 present (through VC). Fresh vakalatnama has been filed by the counsel for accused persons. Same is taken on record. Counsel for accused submits that he has received the copy of…

    Read Full Order
    Interim Order 1Full order available
    03 Jul 2024

    Order Details: COPY OF ORDER Pdf Text: 94 Ct Cases 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 03.07.2024 Present: Sh. Arvind Bhatt and Sh. Asheesh Kumar Mishra, Counsel for the complainant alongwith 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 dishonured. Thereafter, the complainant made the demand for the payment…

    Read Full Order
    Order 10
    14 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 93 Ct Cases / 1226/2024
Kamal Encon Industries Ltd Vs. Atharva Surgicals
14.08.2026
Present : Sh. Arvind Bhatt and Mr. Asheesh Kumar Mishra, Ld.
counsel for complainant along-with AR of the
complainant.
Mr. Mukesh Chandekar, Ld. counsel for accused no.2, 3
and 4.
Sh. Mayank Choudhary, Ld. counsel for accused no.5.
Accused no.5 appeared through VC.
CW-1 partly cross examined by Ld. counsel for accused
No.2, 3 and 4. Further cross-examination is deferred. Receipt of cost
be filed by the accused persons on next date of hearing.
List for remaining cross-examination on 06.01.2027.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
14.08.2026
-- 1 of 1 --
    Order 9
    20 Apr 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 141 Ct Cases / 1226/2024
Kamal Encon Industries Ltd Vs. Atharva Surgicals
20.04.2026
Present : Sh. Arvind Bhatt and Mr. Asheesh Kumar Mishra, Ld.
counsel for complainant along-with AR of the
complainant.
Accused No.2 Akshay Gaidhane appeared through VC.
Accused no.4 appeared through VC.
Sh. Mayank Choudhary, Ld. counsel for accused No.5
along-with accused no.5 appeared through VC.
Accused no.6 not summoned.
The matter is listed for examination of CW-1.
CW-1 examined in chief. Cross-examination is deferred
as Ld. counsel for accused persons are not present in court and
adjourment sought on behalf of the accused.
Ld. counsel for accused no.5 states that he has been
recently engaged. Complainant is directed to supply a copy of
complaint along-with its relevant documents to the opposite party
on their email id i.e. Mayankchoudharyadv@gmail.com and contact
no. 9992803701.
One single opportunity is given to the accused person
to cross examine the witness on NDOH subject to payment of cost
of Rs.5000/- to be deposited in DLSA, New Delhi. Receipt of cost
be filed on NDOH.
List for cross-examination of CW-1 on 14.08.2026.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
20.04.2026
-- 1 of 1 --
    Order 8Full order available
    01 Nov 2025

    Order Details: COPY OF ORDER Pdf Text: 94 Ct Cases / 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 01.11.2025 Present : Sh. Arvind Bhatt along-with Sh. Asheesh Kumar Mishra, Ld. counsel for complainant along-with AR of the complainant. Sh. Mukesh Chandekar, Ld. counsel for accused no.1, 2, 3 & 4 along-with accused no.2 and 3. Accused no.4 appeared through VC. Sh. Digvijay Khapre, Ld. counsel for accused no.5 along-with accused. Since the offence u/s 138 NI Act is bailable…

    Read Full Order
    Order 7Full order available
    20 Aug 2025

    Order Details: COPY OF ORDER Pdf Text: 113 Ct Cases / 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 20.08.2025 Present : Sh. Arvind Bhatt and Sh. Asheesh Kumar Mishra, Ld. counsel for complainant along-with AR of the complainant. Sh. Mukesh Chandekon, Ld. counsel for accused no.2, 3 and 4 along-with accused no.2. Accused no.3 and 4 appeared through VC. Sh. Digvijay Khapre, Ld. counsel for accused no.5 alongwith accused no.5 appeared through VC. Accused no.6 not summoned. The matter…

    Read Full Order
    Order 6Full order available
    14 May 2025

    Order Details: COPY OF ORDER Pdf Text: 91 Ct Cases 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 14.05.2025 Present: Sh. Arvind Bhatt, Ld. Counsel for the complainant (through VC). Sh. Asheesh Kumar, Ld. Counsel for the complainant alongwith AR. Sh. Mukesh Chandekar, Ld. Counsel for accused no. 2, 3 & 4. Accused no. 2 present in person. Accused no. 4 present (through VC). None for accused no. 5. An application seeking exemption from personal appearance on behalf of accused…

    Read Full Order
    Order 5
    07 Apr 2025
    Order Details: COPY OF ORDER
Pdf Text: CC No. 1226-24
Kamal Encon Industries Ltd. Vs. Atharva Surgicals
07.04.2025
File taken up upon oral mentioning of Ld. Counsel for
accused.
Present: Sh. Digvijay Khapre, Ld. Counsel for accused no.5
alongwith accused no. 5.
Fresh vakalatanama filed by Ld. Counsel on behalf of
accused no.5. Same is taken on record.
Surety bonds furnished. Same are considered and
accepted.
FDR be taken on record. Intimation be sent to concerned
bank.
Put up on date fixed i.e. 14.05.2025.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
07.04.2025
-- 1 of 1 --
    Order 4
    27 Mar 2025
    Order Details: COPY OF ORDER
Pdf Text: 60 Ct Cases 1226/2024
Kamal Encon Industries Ltd Vs. Atharva Surgicals
27.03.2025
Present: Sh. Arvind Bhatt and Sh. Asheesh Kumar Mishra Sh. Kuber
Giri Ld. Counsel for complainant alongwith AR.
Sh. Mukesh Chauhan, Ld. Counsel for accused no.2, 3 & 4
(through VC).
Sh. Digvijay, Ld. Counsel for accused no.5 (through VC).
Fresh affidavit of newly substituted AR has been placed on
record. Same is taken on record. Let copy of the same be supplied to
opposite side.
Ld. Counsel for all the accused persons submit that they have
received the copy of complaint alongwith documents.
Time is sought as accused persons are not available today.
Same is opposed by Ld. Counsel for complainant.
Heard. Allowed.
All the accused persons are directed to be present on NDOH.
Put up for furnishing of bail bonds / framing of notice on
14.05.2025.
Date is given as per convenience of both the parties.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
27.03.2025
-- 1 of 1 --
    Order 3Full order available
    22 Feb 2025

    Order Details: COPY OF ORDER Pdf Text: 28 Ct Cases 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 22.02.2025 Lawyers are abstaining from work today due to strike. Present: Ld. Proxy counsel for complainant alongwith AR. Ld. Proxy counsel for accused no. 2, 3 & 4. Ld. Proxy counsel for accused no. 5 (through VC). An application for substitution of AR of the complainant moved by Ld. Counsel alongwith a certified copy of board resolution dt. 01.02.2025 alongwith authority letter.…

    Read Full Order
    Order 2Full order available
    24 Oct 2024

    Order Details: COPY OF ORDER Pdf Text: 91 Ct Cases 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 24.10.2024 Present: Sh. Kuber Giri, Counsel for complainant alongwith AR. Sh. Mukesh Chandrekar, Counsel for the accused no.2, 3 & 4. Accused no. 2 present in person. Accused no. 3 & 4 present (through VC). Fresh vakalatnama has been filed by the counsel for accused persons. Same is taken on record. Counsel for accused submits that he has received the copy of…

    Read Full Order
    Order 1Full order available
    03 Jul 2024

    Order Details: COPY OF ORDER Pdf Text: 94 Ct Cases 1226/2024 Kamal Encon Industries Ltd Vs. Atharva Surgicals 03.07.2024 Present: Sh. Arvind Bhatt and Sh. Asheesh Kumar Mishra, Counsel for the complainant alongwith 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 dishonured. Thereafter, the complainant made the demand for the payment…

    Read Full Order

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