Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10 CC NI ACT / 1334/2025
Ms Dadi Bicycle Pvt Ltd Vs. Mrs Pavitra
Rani
23.05.2026
Present: Sh. Hemant Sharma, Ld. counsel for complainant alongwith
complainant.
Ms. Anupriya Tanwar, Ld. counsel for proposed accused alongwith
proposed accused through VC.
Pre-summoning Complainant's Evidence recorded. Documents
exhibited. Arguments heard on the summoning aspect.
The requirement to issue notice to the accused at Pre-cognizance stage
in terms of Section 223 BNSS is dispensed with, in terms of the law laid down by
the Hon'ble Supreme Court in the case of Sanjabij Tari v. Kishore S. Borcar &
Anr. (Criminal Appeal No. 1755 of 2010)
This Court has perused the record of the case file. It is alleged that the
accused has issued a cheque in favour of the complainant towards discharge of his
liability which was returned unpaid as dishonored vide cheque return memo.
Thereafter, the legal notice of demand was issued by the complainant. Despite
service/ deemed service of said notice, accused has failed to make the payment
within 15 days of the receipt of legal notice, as per provisions of the Negotiable
Instruments Act, 1881. Hence, the present complaint has been filed.
On consideration of the complaint, documents annexed and
verification in the form of affidavit, this Court is of the view that prima facie there
are sufficient grounds for proceeding against the accused for the commission of
offence under Section 138, Negotiable Instruments Act, 1881. In terms of inquiry
conducted under Section 225 BNSS, all the statutory requirements have been
complied with. The complaint is filed within the period of limitation as prescribed
-- 1 of 2 --
-2-
under Section 142(1)(b) of the Negotiable Instruments Act, 1881. This Court,
therefore, takes cognizance of offence u/s 138 Negotiable Instruments Act, 1881
against accused.
Counsel for accused for accused as well as accused present through
VC, accept summons in the present case.
Let copy of complaint and relevant documents be sent to the accused
on filing of PF/RC/Speed Post.
Complainant is directed to place the tracking report of summons sent
through speed post on record on the next date.
Re-list for appearance of accused / further proceedings on
08.09.2026.
(Isha Singh)
JMFC-07/Shahdara/KKD
Delhi,23.05.2026
-- 2 of 2 --