Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 48 CC NI ACT / 29324/2024
KAPIL ARORA Vs. OM PRAKASH SHARMA
20.02.2026
Present: Mr. Bhanu Gupta, Ld. Counsel for complainant.
Ld. Counsel for complainant submits that despite settling the matter in
mediation accused not made the payment as per terms of mediation and has only made a
payment of Rs. 1,50,000/- out of the total settlement amount of Rs. 6 lakhs.
The mediation settlement has already failed as the accused has not made the
payment as per terms of settlement and since statement of parties was not recorded after
mediation settlement, the Court decides to further with merits of the case.
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 the accused was appearing in the capacity of proposed accused and
copy has alredy been supplied, there does not arise any occasion to issue fresh summons.
None has appeared on behalf of the accused despite several calls. It seems
that the accused is not appearing deliberately and delaying the present case.
Issue NBWs against the accused to be executed through SHO concerned on
filing of PF within 15 days returnable for NDOH.
Put up on 02.06.2026 for further proceedings.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
20.02.2026
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