Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 52 CC NI ACT / 1326/2025 Pardeep Shokeen Vs. Asha /0 (Subhash Place)
31.1.2026
Present case has been received by way of transfer vide order no. F2(12)/Judl/NW/RC/2025
42791-42810 dated 19.11.2025. It be checked and registered.
Present: Sh. Sudhir Shokeen, Ld. Counsel for complainant along with
complainant.
Complainant in person with Ld. Counsel Sh. Rahul.
Heard. Record perused.
The present complaint is filed for the offence punishable under Section 138
of Negotiable Instrument Act. The complaint is within limitation and within the jurisdiction of
this court. There are sufficient grounds for taking cognizance of the offence under Section 138
of Negotiable Instrument Act.
In the light of the full bench of Hon'ble Supreme Court of India cited as
“ A. C.
Narayan vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, this court is of the considered
opinion that there is no need to examine the complainant at this pre-summoning stage for the
purpose of issuance of process against the accused.
Complaint, affidavit of evidence, documents annexed and verification in form
of affidavit filed by the complainant in support of complaint perused.
Prima facie, it appears that the cheque in question was issued by the accused in
favour of the complainant in discharge of the legal liability. The cheque in question was
dishonoured on presentation. Legal notice was served upon the accused in ordinary course.
Despite the service of the notice, accused has failed to make the payment within the stipulated
time. There are sufficient grounds for proceeding against the accused.
Let summons be issued to the accused through all modes including email &
whatsapp. RC & Speed post be given dasti to the complainant on filing of PF/RC/SP within 15
days from today, returnable for NDOH, with direction to file the certificate u/s 65B along with
proof of service.
Put up for appearance of accused on 30.07.2026
(Gaurav Katariya)
JMFC-7(NW)/RC/Delhi/31.01.2026
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