Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 140 CC NI ACT 9883/2022 M/S ESS ARR FINEX LTD Vs. MR DINESH BHAUSAHAB
DANGE /0 (Mandir Marg)
10.02.2026
(Also through VC Proceedings via CISCO Webex)
Present: AR for complainant.
Case received by way of transfer.
It is submitted by Ahlmad that the Ahlmad of the concerned court has not submitted the complete
file.
Therefore, party/concerned Ahlmad of the transferor court is directed to submit the complete
file atleast 7 days before NDOH against receipt.
Ahlmad is directed to check the complete file, document, ordersheet etc. while receiving the
file of the transferor court.
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. 177805 of SBI 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 MR DINESH BHAUSAHAB DANGE (signatory to the
cheque) 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 11.06.2027.
(Snehil Sharma)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/10.02.2026
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