Full Order Text
Interim Order 10 · 04 Jun 2026 · CNR DLNT020071762023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 32 CC NI ACT 922/2023 ASHOK KUMAR Vs. SHISHPAL SHARMA (Swaroop Nagar) 04.06.2026 Present: Ms. Mamta Pandey, Ld. Counsel for complainant. Ms. Priya, Ld. Proxy counsel for Bank witness along-with Bank witness Pouthuirung Thaimei (Associate) from State Bank of India, Burari Branch, Delhi. Statement of the bank witness has been recorded separately in pre- summoning evidence. Perusal of the account statement furnished by the bank statement shows that cheque was returned unpaid due to the reason of Insufficient Funds as the statement summary of the bank account statement of the accused shows that there were no transactions from 01.03.2019 to 04.06.2026 and the balance brought forward was only Rs. 5199.60/-. Diet money of Rs. 500/- is to be paid to the bank witness. Diet money paid. The case is at the stage of orders on summoning 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, 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. -- 1 of 2 -- 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. PSE of the complainant is dispensed with. Issue summons to the accused Shishpal Sharma on all the addresses mentioned in the memo of parties for 01.11.2026, on filing PF within 15 days, through approved registered courier/speed post as well as through e-mode i.e whatsapp and email for NDOH. Put up for appearance of accused, consideration on bail and hearing on notice under section 251 Cr. PC on NDOH at 10.00 AM. Copy of this order be sent along with summons. Let affidavit of service be filed by the complainant, if the service be effected through alternate modes. Let summons also be given dasti. (GAURAV DAHIYA) JMFC/NI ACT COURT NORTHDISTRICT,ROHINI 04.06.2026 -- 2 of 2 --