Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 77 CC NI ACT / 1849/2025
ADITYA KAUSHIK Vs. NEHA KATHUTRIA
(Prashant Vihar)
04.06.2026
Present: Mr. Aman Sharma, Ld. Counsel for complainant.
Physical file received.
In view of receiving of physical file and oral apology by the Ahlmad, the
pending application for disciplinary action stands disposed off as dismissed.
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.
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 21.09.2026, on filing PF within 15
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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
04.06.2026
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