Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 71 CC NI ACT / 1665/2025
RIHAN WARSI Vs. NAEEM KHAN /0 (Bhajan Pura)
15.11.2025
(VC Proceedings through CISCO Webex)
Present: Mr. Abbas, ld counsel for the complainant through VC.
In view of the judgment of
“Sanjabij Tari vs Kishore S. Borcar, 20025 INSC
1158”, requirement of notice U/s. 223 BNSS has been dispensed with.
Arguments on behalf of the complainant heard on point of cognizance as well
as summoning.
Present complaint is filed alleging that accused had issued the cheque(s) 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.
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, therefore, I take the cognizance in the present case for the offence punishable
U/Sec. 138 of NI Act,1881.This court is of further opinion that
prima facie there is sufficient
material to proceed against the accused.
Let summons be issued against the accused through all available modes
including electronic mode and speed post. The process server is further directed that in the
event of house/office/premises is found to be locked/refused to accept the service/any other
contingency of such a nature, the process be served through affixation.
PF be filed within fifteen working days.
Matter be put up for appearance of accused/furnishing of Bail Bond and
framing of notice on 23.01.2026
(AAKASH MOHAN SINGH)
JMFC/NI Act/Digital Court;
North-East/KKD/15.11.2025
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