Full Order Text
Order 3 · 10 Dec 2025 · CNR DLNT020015842025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 40 CC NI ACT / 204/2025 INDRAPRASTHA ICE AND COLD STORAGE PVT LTD Vs. M/S RAHUL KUMAR GUPTA (Mahendra Park) 10.12.2025 Present: Mr. Aman Srivastava, Ld. Proxy Counsel for complainant. Mr. Rinku Kataria, Ld. Proxy Counsel for proposed accused through VC. The case is at the stage of consideration of a complaint regarding the commission of an offence punishable under Section 138 of Negotiable Instrument Act, 1861. Submissions of Ld. Counsel for complainant heard on the point of summoning of accused. Record perused. Complainant has filed the pre-summoning evidence by way of affidavit along with the relevant documents including the dishonoured cheque, bank return memo, legal notice sent to the accused and proof of sending the legal notice. All the statutory requirements under NI Act are complied with. The present complaint case is filed within limitation. After perusal of the entire record and in view of judgment of Hon’ble Supreme Court in Sanjabij Tari Vs. Kishore S. Borcar & Anr (2025) SC 952, this Court is of the considered opinion that prima facie case punishable U/s 138 of NI Act is made out against the accused. I, therefore, take cognizance of the said offence. Following the law laid down in A.C. Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC 790, complaint, affidavit of evidence and documents considered. Upon perusal of the documents on record, this court is of the prima facie view that statutory requirements of Section 138 are met and there seems to be sufficient ground to proceed against the accused. Since Ld. Counsel for accused is present before the Court today, there does not arise any need to issue summons to the accused. -- 1 of 2 -- Ld. Counsel for accused affirms that he has received complete set of documents. Put for consideration on bail and framing of notice on 28.03.2026. (GAURAV DAHIYA) JMFC/NI ACT COURT NORTHDISTRICT,ROHINI 10.12.2025 -- 2 of 2 --