Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6
CC NI ACT 2065/2023
SHRIRAM TRANSPORT FINANCE CO.
LTD. Vs. VIJAY SINGH
PS (Adarsh Nagar)
10.08.2026
Present: Sh. Rajesh Kumar, ld. Counsel for the complainant
Today, the matter is fixed for clarification regarding date of dispatch of legal notice.
In the postal receipt pasted on the legal notice, the date of booking of the postal services has been
mentioned as 30.06.2023 whereas, the date of return memo is 16.06.2023. therefore, the legal notice has
been sent within the statutory period of 30 days by the complainant.
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 Vijay Singh on all the addresses mentioned in the
memo of parties for 24.12.2026, 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. 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.
(SUNIL KHATRI)
JMFC/NI ACT COURT
NORTH DISTRICT, ROHINI
10.08.2026
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