Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 78 CC NI ACT / 12504/2025 ksc enterprises Vs. M S ARIEN GLOBAL
LIFESTYLE PVT LTD / ()
28.10.2025
(Also through VC Proceedings via CISCO Webex)
Present: Sh. Sheetal, ld. counsel for the complainant.
Matter is at the stage of consideration.
In view of the judgment of Hon’ble Supreme Court of India titled as
Sanjabij Tari Vs. Kishore S Borcar, the notice u/s 223 BNSS need
not be issued to proposed accused before taking the cognizance.
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. 001708 of Bank of Baroda 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 (M S ARIEN GLOBAL
LIFESTYLE PVT LTD), Hetal Verma (signatory to the cheque), Shaurya Verma and
Charu Verma 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
06.03.2026.
(Snehil Sharma)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/28.10.2025
-- 1 of 1 --