Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2 CC NI ACT / 1265/2024
Ms Mm Healthcare Ltd Vs. Ms Shweta Kumari
PS (Anand Vihar Railway Station)
09.09.2026
Present: Ld. Counsel for complainant through VC.
The Hon’ble Supreme Court of India in judgment
dated 25.09.2025 in Criminal Appeal No. 1755/2010 titled
“Sanjabij Tari Vs. Kishore S.Borcar and Anr” has directed that
“there shall be no requirement to issue summons to the accused
in terms of Section 223 of BNSS i.e., at the pre-cognizance
stage.”
On the basis of the complaint and the original
documents annexed with the complaint, the court is satisfied that
the complaint is filed within limitation period and falls in the
territorial jurisdiction of this court.
Pre-summoning evidence by way of affidavit has
been tendered along with documents which have been duly
exhibited. Vide separate statement, pre-summoning evidence of
the complainant is closed. Accordingly, cognizance of the offence
is taken.
Arguments heard. Record perused.
This Court has gone through the complaint, list of
dates and events, evidence and the documents placed on record.
The legal notice was issued within the prescribed period and the
complainant has also been filed within limitation period as per
the inquiry made under Sec. 225 BNSS.
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In view of the above, this Court is prima facie
satisfied that an offence under Sec. 138 of Negotiable
Instruments Act against the accused has been made out within
jurisdiction.
Hence, issue summons against the accused on
P.F./R.C./Approved Courier for 09.12.2026. The complainant can
provide email address/whatsapp number of accused person, if
any for service. The service of summons through email,
whatsapp message(s) and text message(s) is also permitted
provided the complainant files an affidavit to the effect that
number on which the said message(s) are sent is/are of the
accused and further subject to filing of report of service. The
process server is directed to serve the summons by way of
affixation, if premises found closed or same could not be served
personally or on any adult male member.
The summons shall expressly mention that the
Respondent/Accused has the option to make payment of the
cheque amount at the initial stage itself, directly through the said
online link.
Complainant is directed to file PF and take steps
within 30 days including providing copy(ies) of complaint
otherwise the complaint may be dismissed u/s 227(4) BNSS.
(Ashish Kumar Meena)
JMFC-04/SHD/KKD Court/Delhi
09.09.2026
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