Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 58 Ct Cases / 23305/2025
Silver Collections Private Limited Vs. Paragon Knits Limited
06.02.2026
Present : 	Sh. Kailash Chander Ld. counsel for complainant
along-with AR of the complainant.
None for proposed accused.
Ld. counsel for complainant states that the present
complaint was e-filed on 23.08.2025. E-filing receipt has been
placed on record.
This complaint is filed U/s. 138 of NI Act. It is alleged
in the complaint that the accused had issued cheque in favour of
complainant in discharge of his liability. On presentation, the cheque
was returned dishonored. Thereafter, the complainant made the
demand for the payment of the cheque amount by giving the
statutory notice. The accused failed to make the payment within the
prescribed period of 15 days from the receipt of the demand notice.
Complaint perused. Documents perused.
I have perused the complaint, copy of authority letter in
favour of AR of the complainant, the evidence by way of affidavit of
the AR of the complainant and the documents relied upon by the
complainant. The present complaint has been filed within the period
of limitation and within the jurisdiction of this Court. The original
documents 	have 	been 	exhibited 	in 	accordance 	with 	the 	pre
summoning 	evidence 	by 	way 	of 	affidavit 	and 	the 	affidavit 	of
evidence is Ex.CW-1/A.
As per the judgment of Hon'ble Supreme Court in A.C.
Narayanan Vs. State of Maharashtra and Anr. 2014 11 SCC 790
the examination of the complainant upon oath for issuance of
SIDDHANT
	KUMAR
Digitally
	signed by
	SIDDHANT
	KUMAR
	Date:
	2026.02.06
	14:50:28
	+0530
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process is a matter of discretion of the Magistrate. In the considered
opinion of this Court, there is no need to examine the complaint for
the purpose of issuance of process. There is sufficient material
before this Court to proceed against the accused. I hereby take
cognizance of the offence U/s. 138 of N.I. Act.
Perusal of the record shows that the accused no.1 is the
company and accused no.2 is the director as well as the signatory as
per the averments in the complaint. Accused no.3 and 4 are the
directors as per the MCA data and as per the averments in the
complaint, they are also involved in the day to day affairs of the
accused no.1 company. Let summons be issued to accused no.1 to 4
at the given address(es) through all permitted modes including dasti
on filing of PF within 30 days, returnable 04.08.2026.
Complainant is directed to file tracking report and
affidavit of service on NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
06.02.2026
SIDDHANT
KUMAR
Digitally
	signed by
	SIDDHANT
	KUMAR
Date:
	2026.02.06
	14:50:32
	+0530
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