Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CC NI ACT / 1450/2024
JAI DHAN LAKSHMI CO OPERATIVE URBAN THRIFT AND
CREDIT SOCIETY LTD Vs. GAYATRI
Proceedings are being conducted through VC on CISCO Webex.
06.09.2025
Present: Sh. Sachin Singh, Ld. Counsel for complainant through VC.
Proposed accused is absent.
Despite repeated calls, none has appeared on behalf of the
proposed accused.
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 pre-summoning 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 02.02.2026.
(Vinod Kumar),
JMFC (NI Act) Digital Court-02,
SHD/KKD/Delhi/06.09.2025.
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