Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 58 CC NI ACT / 1260/2025
DEV BHUMI COLD CHAIN PVT LTD Vs. SYED ZUBAIR AHMED
(Mahendra Park)
29.01.2026
Present: Mr. Aman Srivastava, Ld. Counsel for complainant.
Mr. Robin Singh and Mr. Himanshu Choudhary, Ld. Counsel for accused.
Accused through VC.
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 accused undertakes to file his vakalatnama or memo of
appearance during the course of the day.
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 with accused are present before the Court
today, there does not arise any need to issue summons to the accused.
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/whatsapp no. (9958748124) furnished in the chat box by Ld. Counsel for
accused.
Offence being bailable in nature, accused is admitted to bail on furnishing
personal bond and surety bond in the sum of Rs. 1,00,000/- with two sureties like amount.
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 30.05.2026.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
29.01.2026
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