Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 62 CC NI ACT / 2405/2025
KAPIL SHARMA Vs. DAYAL SHARAN KUMAR SAH
(Swaroop Nagar)
Fresh matter received by way of assignment. It be checked and registered.
28.11.2025
Present: Mr. Suraj, Ld. Counsel for complainant with complainant.
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 DAYAL SHARAN KUMAR SAH on all the
addresses mentioned in the memo of parties for 16.04.2026, 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.
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Admittedly, there is a transaction of more than Rs. 2 lacs in cash. Therefore,
in compliance of directions passed by Hon’ble Supreme Court. In
RBANMS
Educational Institution Vs. B. Gunashekar and Anr. (Civil Appeal No. 5200 of 2025).
Let and intimation be sent to the office of Director General of Income Tax
(Investigation), Delhi along with the details of the present case and the PAN number of
the complainant.
The Reader of the Court is directed to send the above said intimation to
Director General of Income Tax (Investigation). Delhi on the email id:-
dgit.systems.delhi@incometax.gov.in.
Complainant is directed to give his PAN number to the Reader of the Court.
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. Reader cum Ahlmad is directed to preserve PF form, service report,
postal/courier envelopes and upload scanned copies thereof on the LAYERS 2.0 as well
as on mirror image of file on cloud subject to availability of space on cloud.
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.
At request, let summons also be given dasti.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
28.11.2025
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