Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 50 CC NI ACT / 674/2025
MILI KAPOOR Vs. DEV SEHGAL
(Mukherji Nagar)
06.12.2025
Present: Mr. D.K. Gupta, Ld. Counsel for complainant through VC.
Mr. Prahsant Gupta, Ld. Counsel for accused.
Accused through VC.
Fresh memo of appearance filed on behalf of accused. Same be taken on
record.
Notice to the proposed accused not received back.
In view of the recent judgment passed by Hon’ble Supreme Court in
Sanjabij Tari Vs. Kishore S. Borcar & Anr (2025) SC 952 , this Court proceeds further
with the matter as otherwise also issuance of notice in pre-cognizance stage has to be
dispensed with.
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.
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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.
Offence being bailable in nature, accused is admitted to bail on furnishing
personal bond and surety bond in the sum of Rs. 20,000/-. Bail bond and surety bond not
furnished. Time granted till next date of hearing.
Ld. Counsel for accused submits that he does not have copy of complaint.
Ld. Counsel for complainant is directed to supply the complaint copy on the email-id
(9811811506) furnished in the chat box by Ld. Counsel for accused.
Put for furnishing of bail bonds and framing of notice on 25.03.2026.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
06.12.2025
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