Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 55 CC NI ACT / 1100/2025
YOGESH SINGH Vs. MANJEET SINGH GILL
(Prashant Vihar)
11.11.2025
Present: Mr. Vikram Kathuria, Ld. Counsel for complainant with complainant.
Mr. Shivansh Aggarwal, Ld. Counsel for proposed accused with proposed
accused.
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 dispenses with
the hearing in pre-cognizance stage.
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.
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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 itself,
there is no need to issue summons.
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
(chambersofsa@gmail.com) furnished in the chat box by Ld. Counsel for accused.
Put for consideration on bail and framing of notice on 24.02.2026.
Accused is directed to appear physically for framing of notice at
Digital Court Work Station at 5th floor, Porta Cabin-V-B, Rohini Court or VC
room, 2nd Floor, Rohini Court.
(GAURAV DAHIYA)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
11.11.2025
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