Order 6

Order Details: COPY OF ORDER
Pdf Text: 55CC NI ACT/2897/2024
M/s Trimurti Wall Care Products Pvt LtdVs. Mahendra/0
(Subhash Place)
28.01.2026
The court is dealing with double cause list as the matters
have been transferred from NI Act Digital Court to this court
and pendency of this court has also doubled.
Case received by way of transfer in terms of Hon'ble High
Court of Delhi vide order no. 46/DHC/Gaz.IIB/G-
7/VI.E2(a)/2025 dt. 18.11.2025.
Present : Ld. Counsel for the Complainant.
Earlier pre- cognizance notice was issued. However,
in view of decision of Hon'ble Supreme Court of India in Sanjabij
Tari v Kishore S Borcar 2025 INSC 1158, the same is not
required.
It is prayed that the accused be summoned.
Heard. Record perused.
1. The present complaint has been filed by the complainant
against the accused due to dishonour of the cheque(s) in
question. I have gone through the complaint and the annexed
documents. Complaint is within limitation and within the
jurisdiction of this court. Prima facie, there is sufficient material
on record to take cognizance of offence u/s 138 NI Act.
2. Considering the documentary evidence on record, complainant
is not examined at this pre-summoning stage in terms of
judgment of Hon’ble Supreme Court in A. C. Narayan v State
of Maharashtra & Anr. (2014) 11 SCC 790.
3. Issue summons to the accused Mahendra.
4. Let summons be issued by the following modes:-
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a. upon filing PF/RC/Speed Post within 15 working days
from today. If necessary, let affixation be done in terms of
section 65 CrPC.
b. Dasti summons are also permitted.
c. Electronic Mode (Subject to filing of affidavit by the
complainant verifying the email ID/phone/Whatsapp
number of the accused)
5. The accused shall also be apprised that if he so opts he/she
may settle the matter with the complainant by the first or second
date of hearing and any delay in settlement may lead to
imposition of further costs in terms of decision of Hon’ble
Supreme Court of India in Sanjabij Tari v Kishore S Borcar
2025 INSC 1158. Ahlmad is directed to make the necessary
endorsement on the summons in compliance of the above stated
judgment.
6. Put up for appearance of the accused on 13.08.2026.
(APOORV BHARDWAJ)
JMFC-02, NORTH WEST DISTRICT
ROHINI COURTS DELHI/28.01.2026
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