Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 18 CC NI ACT / 56611/2025
Diwan Saheb Fashions Pvt Ltd Vs. MS COPPO INTERNATIONAL
THROUGH ITS PROPRIETOR SHRI ARUN BHUTANI /0 (Naraina)
19.08.2026
(Hybrid Proceedings)
Present: Sh. D.N. Chaturvedi and SH. Ayushman Bhatt, Ld. Counsel for
the complainant.
AR for complainant is present through V/c.
Notice was issued to the proposed accused u/s 223 BNSS. The
requirement for notice has been dispensed with under NI Act as per the
judgement of
Sanjabij Tari vs Kishore S.Borcar on 25 September, 2025
Criminal Appeal No. 1755 OF 2010 of the Hon’ble Supreme Court of India.
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. The case was efiled on 18.09.2025.
Complaint perused. Documents perused.
I have perused the complaint, the evidence by way of affidavit 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.
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 process is a matter
Conti….2/
-- 1 of 2 --
:-2-:
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 is a proprietorship
firm. Let summons be issued to proprietor Arun Bhutani (accused) at the
given address(es) through all permitted modes including dasti on filing of PF
within 30 days, returnable 30.01.2027.
Complainant is directed to file tracking report and affidavit of
service on NDOH.
(Aridaman Singh Cheema)
JMFC-03/New Delhi District
Patiala House Courts/19.08.2026
-- 2 of 2 --