Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 59 CC NI ACT / 29130/2025 SH RAJKUMAR Vs. MUKHTAR AHMED
ALIYAS TAMANNA / ()
13.02.2026
(Also through VC Proceedings via CISCO Webex)
Present: None.
Matter is at the stage of consideration.
Complainant is given one more opportunity to lead his case.
Put up for consideration on 28.06.2027.
(Snehil Sharma)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/13.02.2026
11.55 AM
Present: Sh. Asif Ahmad, ld. counsel for the complainant.
In view of the judgment of Hon’ble Supreme Court of India titled as Sanjabij Tari Vs. Kishore
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. 930398 of
Indusind 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 MUKHTAR AHMED
ALIYAS TAMANNA (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.
Previous date is cancelled.
Matter be put up for appearance of accused/furnishing of Bail Bond on 29.09.2026.
(Snehil Sharma)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/13.02.2026
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