Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 114 CC NI ACT / 49854/2025 KAILASH Vs. SK GUPTA BUILDERS OPC
PRIVATE LIMITED /0 (Parliament Street)
10.04.2026
(Also through VC Proceedings via CISCO Webex)
Present: Ms. Muskan Gehlot, 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. 001038, 001042 of ICICI 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 SK GUPTA BUILDERS
OPC PRIVATE LIMITED, Santosh Kumar Gupta (signatory to the cheque and
Director) 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
21.09.2026.
(Snehil Sharma)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/10.04.2026
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