Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 52 CC NI ACT / 37913/2024
GINNY INTERNATIONAL Vs. SHUBHAM AGGARWAL
(Narela Ind. Area)
03.05.2025
Present: Mr. Ajay Mittal, Ld. Counsel for complainant with complainant.
Mr. K.S. Verma, Ld. Counsel for proposed accused with accused through
VC.
Arguments heard from both the sides on the point of cognizance.
Ld. Counsel for complainant argued that all the ingredients of the offence
U/s 138 NI Act have been fulfilled,
prima facie and proposed accused be thus,
summoned and tried for the said offence.
Per contra, Ld. Counsel for proposed accused submitted that cognizance is
not opposed and the proposed accused would give defence at appropriate stage.
Arguments heard. 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.
Upon perusal of the documents on record, this court is of the prima facie
view that statutory requirements of Section 138 are met. The arguments raised by the
proposed accused are a matter of trial. Therefore, there seems to be sufficient ground to
proceed against the accused Shubham Aggarwal Proprietor of M/s SGS International Co.
Since the accused has already appeared, the requirement of issuance of
formal summons is hereby dispensed with.
Offence being bailable, accused is admitted to bail on furnishing personal
bond and surety bond in the sum of Rs. 12,000/-. Bail bond and surety bond not
furnished. Time granted till next date of hearing.
Ld. Counsel for accused affirms that he has received complete set of
documents.
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Put up for framing of notice on 20.08.2025.
(HIMANSHI TYAGI)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
03.05.2025
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