Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4CC NI ACT/2008/2024SANJEEV KUMAR Vs. RAJEEV JAIN
Proceedings are conducted through Hybrid mode.
13.08.2025
Present: Sh. Yash Pal Sharma and Ujjawal Monga, Ld. Counsel for
complainant alongwith complainant.
Proposed accused with Sh. Suryansh Aggarwal, Ld. Counsel
for 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 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.
Ld. Counsel for the accused submits that a copy of the instant
complaint has not been provided to them.
Complainant is directed to supply a complete set of copy of
complaint to the accused positively before the NDOH.
Put up for consideration on bail proceedings/consideration on
framing of notice on 12.12.2025.
(Vinod Kumar),
JMFC (NI Act) Digital Court 02,
SHD/KKD/Delhi/13.08.2025.
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