Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 68 CC NI ACT / 1214/2025
B H POLYMERS Vs. KIRTIMAN CEMENTS AND PACKAGING INDUSTRIES
LTD (Bawana)
23.03.2026
Present: Mr. Sumit, Ld. Counsel for 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.
Ld. Counsel for complainant submits that the present matter is maintainable
qua cheque no. 008264 only and the legal demand notice was also issued qua that
cheque only.
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.
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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. PSE of the complainant is dispensed with.
Issue summons to the accused as per memo of parties on all the addresses
mentioned in the memo of parties for 17.08.2026, 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.
Put up for appearance of accused, consideration on 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.
Let affidavit of service be filed by the complainant, if the service be
effected through alternate modes.
Let summons also be given dasti.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
23.03.2026
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