Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16 CC NI ACT / 60/2026 Alfa Solvents Pvt Ltd Vs. Shree Krishna
Poly Chem /0 (Subhash Place)
06.01.2026
Fresh complaint U/s. 223 of BNSS alleging an offence U/s. 138 of NI Act has been
received by way of assignement. It be checked and registered as per rules.
Present: Sh. Deepak Saini, Ld. counsel for complainant with AR.
Complaint as well as documents perused and considered.
The present complaint has been made alleging an offence of dishonour of
cheque under Section 138 N.I. Act. In view of the averments made in the complaint, it
appears that complaint is within limitation and further this Court has territorial
jurisdiction to entertain the present complaint.
Prima facie, statutory ingredients for offence of dishonour of cheque
stands satisfied and there is sufficient material on record to proceed further in the
matter. This court, hereby, takes cognizance of offence under Section 138 NI Act qua
the cheque(s)- in-question.
Complaint, affidavit of evidence and documents considered in light of
judgment of the Hon’ble Supreme Court in case of A.C. Narayanan v. State of
Maharashtra & Anr. (2014) 11 SCC 790. Following the law so laid down, in view of
complaint, documents produced and verification in the form of affidavit of evidence,
there are sufficient grounds for proceeding further against accused person(s) for offence
punishable under Section 138 N. I. Act. Further, on basis of affidavit of evidence and
documents, there are sufficient grounds for proceeding against accused in terms of
Section 225 of Bhartiya Nagarik Surakasha Sanhita 2023.
Ld. Counsel for complainant submits that the cheques in question have
been signed by accused Amit Jain being Sole Proprietor of Shree Krishna Poly Chem.
Accordingly, let summons be issued to the accused Amit Jain Sole
Proprietor of Shree Krishna Poly Chem at the given address(es) on filing of PF/RC
returnable for NDOH.
Ahlmad is further directed to make endorsement on the summons in
terms of guidelines of the Hon’ble Supreme Court of India passed in case of Damodar
S. Prabhu v. Sayed Babalal H, (2010) 5 SCC 663.
Put up for appearance of accused and further proceedings on 11.05.2026.
(EBBANI AGGARWAL)
Judicial Magistrate First Class-03
NW/Rohini, Delhi/06.01.2026
-- 1 of 1 --