Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 25 CC NI ACT / 37187/2025 HINDUSTAN MEDIA VENTURE LTD Vs. SARDANA
EDUCATION SOCIETY /0 (Barakhamba Road)
09.09.2026
Present: Ld. Counsel for the complainant through VC.
The present complaint has been filed under Section 138 of the Negotiable
Instruments Act, 1881, alleging dishonour of cheque for insufficiency of funds.
It is averred that the accused issued cheque bearing No. 006028 dated
30.05.2025 for an amount of 5750000/- drawn on HDFC Bank.	₹
The said cheque was presented by the complainant within the statutory
period for encashment and was dishonoured on 31.05.2025 with the remarks “ Exeed
Arrangement”, as per the return memo on record.
Thereafter, the complainant sent a legal demand notice dated 25.06.2025,
through registered post / speed post, calling upon the accused to make payment of the
cheque amount within 15 days from the date of receipt i.e. on 25.06.2025. Screenshot of
email alongwith the postal receipts and tracking report have been filed.
The complaint has been filed on 23.07.2025, which is within the statutory
period of one month from the expiry of 15 days after service of legal notice, as required
under Section 142(b) of the NI Act. Hence, the complaint is found to be within limitation.
The complainant has filed pre-summoning evidence by way of affidavit
under Section 200 Cr.P.C., relying upon the following documents:
(a) Original cheque,
(b) Return memo,
(c) Copy of legal notice,
(d) Postal receipts and tracking report,
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From a perusal of the complaint, affidavit and documents, a prima facie case
under Section 138 NI Act is made out against the accused. The essential ingredients of the
offence, drawing of cheque, presentation within validity, dishonour, issuance of legal
notice within 30 days, and failure to make payment within 15 days, are duly satisfied at
this stage.
In the present matter, complainant has made society as accused no. 1 and its
secretary be authorised signatory of cheque in question as accused no.2. Accordingly, Let
summons be issued to both the accused persons for the offence under Section 138 NI Act,
returnable on 15.05.2027.
2. Process fee be filed within seven days. Copy of the complaint and supporting
documents be supplied along with summons.
3. The complainant is directed to file fresh address / contact details of the accused,
including email and WhatsApp number if available, to facilitate electronic service in terms
of the directions of the Hon’ble Supreme Court for expeditious disposal of cheque bounce
cases.
Be put up on 15.05.2027.
(Ankit Mittal)
JMFC-08, PHC, ND
09.09.2026
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