Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 95 CC NI ACT / 35836/2025 Bhagwan Gunesh Mahesh Vs. Ravi /0 (Inder Puri)
16.02.2026
(Also through VC Proceedings via CISCO Webex)
Present: Sh. Sandeep, ld. counsel for the complainant with complainant.
Accused in person.
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. 000004 of
UCO 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 Ravi (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.
As the accused has appeared threrefore formal summoning need not be issued.
Accused is admitted to bail on furnishing bail bonds of Rs.15,000/- with one surety in the
like amount. Bail bonds not furnished. Time sought. Allowed. Accused is also directed to upload the same
on portal.
Ld. counsel for the accused submits that his phone no. 8851207007.
Accused submits that he has already received the copy.
At this stage, both the parties orally submit that they wish to explore the possibility of
settlement and matter may be referred to Mediation. Let the matter be sent to the mediation through
physically on 14.04.2026, at 12.30 noon
Mobile number of complainant is 9711897828 and accused is 8851207007
Copy of the order be sent to the concerned mediation center.
Matter be put up for settlement, if any / further proceedings before
Matter be put up for framing of notice on 14.07.2026.
(Snehil Sharma)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/16.02.2026
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