Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 60 CC NI ACT / 638/2025
SUNIL SHARMA Vs. INDERJEET SINGH
(NARELA)
11.03.2026
Present: Mr. Amandeep Rana, Ld. Counsel for complainant with complainant.
None for accused.
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 the accused was appearing in the capacity of proposed accused and
copy has alredy been supplied, there does not arise any occasion to issue fresh summons.
-- 1 of 2 --
BWs be issued against the accused, on filing of PF within 15 days, in the
sum of Rs. 5000/- with one surety of like amount, to be executed through SHO
concerned, returnable to this court on NDOH.
Put for consideration on bail and framing of notice on 05.05.2026.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
11.03.2026
-- 2 of 2 --