Order 1

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT / 1254/2026
SHRIRAM FINANCE LIMITED Vs. GAYYUR
06.08.2026
Fresh complaint u/s 138 NI Act received by way of assignment. It
be checked and registered.
Present: Ms. Pramiti Sharma, Ld. Counsel for the complainant.
Complainant absent.
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.” In
light of the above said judgment, it is imperative that the matter shall proceed
further. Therefore, summoning of the proposed accused is dispensed at the pre
cognizance stage.
Further, in the 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 the point of summoning heard.
Court file including the affidavit of the complainant and documents
relied upon perused. As per the complaint, the accused had issued the cheque in
question in favour of the complainant towards discharge of his liability/debt and
the same was presented by the complainant to his bank within the period of its
validity. Further, the cheque in question is stated to have been returned by the
bank as unpaid on account of
“funds insufficient” and thereafter within a period
of 30 days, the complainant issued a legal notice to the accused regarding return
of the cheque as unpaid and the accused failed to pay the cheque amount within
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15 days of receipt of the legal notice. The present complaint has been filed within
the limitation period. Based on the above facts, prima facie there are sufficient
grounds for proceeding against the accused. Therefore, cognizance is taken of
the offence under Section 138 of the NI Act and summons be issued to the
accused at all given addresses on filing of PF, copy of complaint, postage etc.
within one month returnable on NDOH.
Further, summons will be also issued to the accused at all given
addresses by all the permissible modes including by way of Speed Post,
Registered AD and authorized Courier and complainant is directed to file
tracking report of all the postal receipts with an affidavit of proof of service
before the next date of hearing.
List for appearance of accused / further proceedings on 17.11.2026.
(SUKRITI JHA)
JMFC-01/Shahdara
KKD/06.08.2026
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