Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 51 CC NI ACT / 958/2025
URMILA VACHHER Vs. RITU GROVER
(Mukherji Nagar)
Bar is abstaining from work today.
06.11.2025
Present: Ld. Proxy Counsel for complainant with complainant.
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 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.
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 Ritu Grover on all the addresses mentioned in the
memo of parties for 21.03.2026, 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.
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Complainant is directed to file an affidavit verifying the correctness of email
ID/whatsapp number of the accused.
Complainant is directed to file the process fee and postal envelopes physically,
mentioning the details of the case etc. for issuance of summons to the accused. Reader cum
Ahlmad is directed to preserve PF form, service report, postal/courier envelopes and upload
scanned copies thereof on the LAYERS 2.0 as well as on mirror image of file on cloud subject
to availability of space on cloud.
Accused is directed to appear before this court through video conferencing on the
Cisco Webex application through the permanent Cisco Webex VC Room ID 1769049636.
Parties can access information pertaining to working of Digital NI Act Courts through the link
https://delhicourts.nic.in/digitalnicourts.html.
Put up for appearance of accused, grant of 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.
Ld. Counsel for complainant is directed to visit the Digital Court Work Station at
5th floor, Porta Cabin-V-B, Rohini Court for submitting the PF/RC between 2.30pm to 3.30pm.
Ld. Counsel is directed to keep a scan of the postal receipt of summons and file
tracking report before the NDOH.
At request, let summons also be given dasti.
(GAURAV DAHIYA)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
06.11.2025
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