Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 105 CC NI ACT / 21959/2025 ELECTRONICA FINANCE LTD Vs.
MONIKA / ()
16.12.2025
(Also through VC Proceedings via CISCO Webex)
Regular Steno of this court is on leave today.
Present: Ms. Preeti, ld. counsel for the complainant.
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. 109522 of
Yes 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 Monika (signatory to the cheque) on
filing of PF within 30 days for NDOH for the purpose of speed post/self delivery to the accused.
Let summons be issued through all e modes/digital mode also on filing of email ID,
whatsapp number, messaging application of the accused on affidavit alongwith PF and verification of
the said particulars.
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 03.06.2026.
(Snehil Sharma)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/16.12.2025
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