Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 47 CC NI ACT / 29577/2024
SHRI BHAGWAN Vs. ANKIT
(Bawana)
10.10.2025
Present: Mr. Vikas Bhardwaj, Ld. Counsel for complainant with complainant.
Mr. Adeel, Ld. Counsel for accused with accused.
Ld. Counsel for accused affirms that he has received complete set of
documents.
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.
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.
-- 1 of 2 --
Since Ld. Counsel for accused is present before the Court today itself, there
is no need to issue summons.
Offence being bailable, accused is admitted to bail on furnishing personal
bond and surety bond in the sum of Rs. 1,00,000/-. Bail bond and surety bond not
furnished. Time granted till next date of hearing.
Put for furnishing on bail bonds and framing of notice on 09.02.2026.
Accused is directed to appear physically for framing of notice at Digital
Court Work Station at 5th floor, Porta Cabin-V-B, Rohini Court or VC room, 2nd Floor,
Rohini Court.
(GAURAV DAHIYA)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
10.10.2025
-- 2 of 2 --