Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 58 CC NI ACT / 2212/2025
KUBER UDYOG Vs. SHIVAM PACKAGING
(Shabad Dairy)
23.01.2026
Present: Ms. Karina Singh, Ld. Counsel for complainant.
Complainant through VC.
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.
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Issue summons to the accused as per memo of parties on all the
addresses mentioned in the memo of parties for 06.06.2026, 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.
Complainant is directed to file an affidavit verifying the correctness
of email ID/whatsapp number of the accused.
Complainant is directed to file the process fee and postal envelopes
physically, mentioning the details of the case etc. for issuance of summons to the
accused. Ahlmad is directed to preserve PF form, service report, postal/courier
envelopes.
Put up for appearance of accused, grant of 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.
Ld. Counsel is directed to keep a scan of the postal receipt of
summons and file tracking report before the NDOH.
Let summons also be given dasti.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
23.01.2026
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