Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 30 CC NI ACT / 1556/2025
JCO Traders through Authorized Representative Ashish Bedi Vs. Jitender
Kalra Proprietor of Sai Baba Fruits
/ ()
19.05.2026
Present: Sh. Himanshu, Ld. counsel for the complainant.
Following the law laid down in Sanjaviz Tari vs Kishore S. Borcar in Crl. Appeal
No 1755/2010 passed by Hon’ble Supreme Court of India, the requirement to hear the proposed
accused at the time of summoning U/s 223 BNSS is dispensed with.
Arguments on summoning heard.
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. In view
of return of cheque on dishonourment, service of legal demand notice documents and
verification in the form of affidavit of evidence, there are sufficient grounds for proceeding
further against accused person for offence punishable under Section 138 N.I. Act.
I hereby take cognizance of offence u/s 138 NI Act.
Hence, issue summons against the accused person on filing of P.F./R.C./Approved
Courier for 23.09.2026. Service be also effected on the email, whatsapp message and text
message of accused person, as provided by the complainant and further subject to filing of
report of service. For felicitation of the same, dasti summons are permitted. The process server
is directed to serve the summons by way of affixation, if premises found closed or same could
not be served personally or on any adult male member.
An endorsement be also made with respect to the compoundable nature of the
offence as per the judgment in Damodar S. Prabhu; (2010) 5 SCC 663. Accused is at liberty to
file an application for compounding on the offence on the 1st or 2nd date of hearing itself
without imposition of cost. However, failure to do so and seeking compounding at a later stage
shall entail additional cost. Same be mentioned in the summons.
The Ahlmad is directed to mention the official email id and video conferencing
link of this Court on the summons. Complainant is directed to file PF and take steps within 10
days including providing copy of complaint otherwise the complaint may be dismissed as per
law.
Put up for appearance of the accused on 23.09.2026.
(DIVYASHREE RAINA)
JMFC-04/(North) Rohini Courts
Delhi/19.05.2026/Court No. 14
(B)
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