Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 13CC NI ACT/352/2025Ashwani Kumar Vs. Sunita
Proceedings are conducted through Hybrid mode.
15.07.2025
Present: Complainant with Sh. R.S. Rathi, Ld. Counsel for
complainant.
None for proposed accused.
Despite repeated calls, none has appeared on behalf of proposed
accused.
Notice issued to proposed accused received back with report duly
served.
At this stage, Ld. Counsel for complainant has placed an affidavit
regarding the proof of service on the proposed accused and an Agreement
regarding the settlement between both the parties.
Heard and perused.
On the basis of the material available on record, since there exists a
prima facie case against the accused for the offence Section U/s 138 of the
Negotiable Instruments Act, 1881, hence cognizance is taken.
In light of the decision of full bench of Hon'ble Supreme Court of
India cited as “A. C. Narayan v. 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 presummoning stage for the purpose of issuance of process
against the accused.
At this stage, arguments on point of summoning heard. I have
perused the complaint, evidence affidavit and the documents on record.
Prima facie, it appears that the cheque in question was issued by
the accused person in favour of the complainant in discharge of legal liability.
The cheque in question was dishonoured on presentation. Legal notice was
served upon the accused electronically through email. Despite the service of the
notice, accused has failed to make payment within the stipulated time. There are
sufficient grounds for proceeding against the accused.
Accordingly, let summons be issued to accused through all
modes on filing of PF within 15 days, returnable for NDOH.
The complainant is directed to place on record the tracking report
of Speed Post/Registered AD on the next date of hearing positively.
Put up for appearance of accused and bail
proceedings/consideration on framing of notice on 16.10.2025.
(Vinod Kumar),
JMFC (NI Act)Digital Court02
SHD/KKD/Delhi/15.07.2025.
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