Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 CC NI ACT / 308/2024 Radha Kishan Gobind Ram Ltd Vs.
Orvit Trading Corporation /0 (Keshav Puram)
25.04.2026
Present : None for complainant.
Counsel for accused through VC.
Proposed accused through Vc.
The matter is fixed for consideration on the point of
summoning the accused.
Pre-summoning evidence by way of affidavit has been
tendered alongwith documents which have been duly exhibited. Vide
separate statement, pre-summoning evidence of the complainant is
closed.
Arguments Heard. Record perused.
At the stage of summoning, only a prima facie case
against the accused is to be made out. I have gone through the
complaint, the dates & events, evidence and the documents placed on
record. The complaint pertains to allegations as regards a cheque
being issued in lieu of the amount given. Further perusal of record
suggests that the legal notice was issued within the prescribed period
and the complaint has also been filed within limitation period.
In view of the above, I am satisfied that there is adequate
material to make out a prima facie case under section 138 Negotiable
Instruments Act against the accused and it is within my jurisdiction.
Further, as per
Damodar S Prabhu v Syed Babalal, It is
made clear to the accused that he could make an application for
compounding of the offences at the first or second hearing of the case
and that if such an application is made, compounding may be allowed
by the court without imposing any costs on the accused.
Let the accused/proprietor be summoned through all
modes including electronic mode on filing of PF/RC-AD and speed
post/approved courier services returnable for NDOH. Let a copy of the
complaint be accompanied along with the summons.
Tracking report of the delivery along with affidavit as
regards email address and mobile number of the accused be filed on
NDOH.
Put up for report/appearance of the accused and framing of
notice on for 03.10.2026.
(Reetika Jain)
JMFC-05 (North-West)
Delhi 25.04.2026
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