Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23 CC NI ACT / 68923/2025 Escorts Kubota Limited Vs. NITISH
CHAUDHARY AUTOMOBILES PVT LTD /0 (Barakhamba Road)
05.08.2026
Present: Sh. Puneet Bajaj, Ld. Counsel for complainant.
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.
000221 dated 12.08.2025 for an amount of 32,00,000/- drawn on	₹
Bank of Baroda, Sanjay Nagar Branch, Ghaziabad.
The said cheque was presented by the complainant
within the statutory period for encashment and was dishonoured on
19.08.2025 with the remarks “payment stopped by drawer”, as per
the return memo on record.
Thereafter, the complainant sent a legal demand notice dated
11.09.2025, through registered post / speed post, calling upon the
accused to make payment of the cheque amount within 15 days from
the date of receipt. The postal receipts and tracking report are filed.
The complaint has been filed on 09.10.2025 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,
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(b) Return memo,
(c) Copy of legal notice,
(d) Postal receipts and tracking report, and
(e) Proof of authority / ledger account / invoice (if any).
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.
1. Let summons be issued to the accused for the offence under
Section 138 NI Act, returnable on the NDOH.
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 21.04.2027.
(Ankit Mittal)
JMFC-08, PHC, ND
05.08.2026
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