Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 38 CC NI ACT / 37726/2024
PRAVEEN DAHIYA Vs. SANJAY PANDEY
(Narela Ind. Area)
18.04.2026
Present: Mr. Amandeep Rana, Ld. Counsel for 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 Sanjay Pandey on all the addresses
mentioned in the memo of parties for 19.09.2026, 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.
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
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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.
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.
At request, let summons also be given dasti.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
18.04.2026
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