Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11
CC NI ACT 2070/2023
SHRIRAM TRANSPORT FINANCE CO.
LTD. Vs. AMIT JAIN
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 Amit Jain 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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