Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 34 CC NI ACT / 2785/2026
Ajit Vs. Hasim Khan (Rithala (Metro)
04.08.2026	04.08.2026
The undersigned is also looking after the work of link Court as 2nd Link JMFC to
the Court of Ld. ACJM.
Present Sh. R.R. Raju, Ld. Counsel for complainant.
Submissions heard and file perused.
This is complaint filed for offence punishable under Section 138
N.I. Act. Complaint, affidavit of evidence and other annexed documents perused.
I take cognizance of said offence.
Complainant has tendered on record his evidence by way of
affidavit Ex. CW-1/A along with the documents Ex. CW1/1 to Ex. CW1/8.
Complainant has also closed his preliminary evidence.
I have perused the record and heard the counsel for complainant on
the point of summoning of accused.
Present complaint is based upon the allegation that the accused
issued the cheque in question in discharge of legal liabilities as mentioned in the
complaint. When the aforesaid cheque was presented for encashment same was
received back dishonoured. Legal notice was issued but accused failed to make the
payment within the stipulated period. Complainant has filed on record the original
cheque, return memo, legal notice and postal receipt.
From the documents on record and the affidavit Ex. CW-1/A filed
on behalf of the complainant, prima facie a case under Section 138 Negotiable
Instrument Act, is made out against the accused.
Accordingly, accused be summoned on filing PF, RC and speed
post, returnable on 10.02.2027. Steps be taken within 07 days hereof. Copy of
summons be also given dasti. Complainant is directed to file proof of service on
the NDOH.
Put up for appearance of accused/bail/framing of notice on
10.02.2027.
(Nitika)
JMFC	JMFC (NI Act) N/W, ROHINI,	(NI Act) N/W, ROHINI,
DELHI/	DELHI/ 04.08.2026	04.08.2026
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