Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 46 CC NI ACT / 1037/2025
VIJAY KUMAR Vs. MEHAK SETHI
(Prashant Vihar)
29.01.2026
Present: Mr. Nitin Kumar, Ld. Counsel for complainant.
Ms. Moni Sharma, Ld. LAC for accused with 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 Ld. Counsel for accused with accused person present before the
Court today, there does not arise any need to issue summons to the accused.
Ld. Counsel for accused affirms that he has received complete set of
documents.
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Offence being bailable in nature, accused is admitted to bail on furnishing
personal bond and surety bond in the sum of Rs. 10,000/-. Bail bond and surety bond not
furnished. Time granted till next date of hearing.
Put for furnishing of bail bonds and framing of notice on 20.05.2026.
Both the parties are directed to appear physically for NDOH.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
29.01.2026
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