Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 CC NI ACT / 3642/2024
Geeta Saini Vs. Lakshmi
04.06.2024
The regular stenographer is on leave today.
Official VC is not working.
Fresh case has been received on assignment. It be checked and
registered.
Present:- Complainant in person with counsel.
This is a complaint filed for offence punishable
under Section 138 N. I. Act. Complaint, affidavit of evidence and
other annexed documents perused.
In matter of
“A. C. Narayanan Vs. State of
Maharashtra & Anr.” (2014) 11 Supreme Court Cases 790, Full
Bench of
Hon'ble Supreme Court of India has held as under:-
“29. From a conjoint reading of Sections 138, 142 and 145 of the NI Act as well as Section
200 of the Code, it is clear that it is open to the Magistrate to issue process on the basis of the contents of the
complaint, documents in support thereof and the affidavit submitted by the complainant in support of the
complaint. Once the complainant files an affidavit in support of the complaint before issuance of the process
under Section 200 of the Code, it is thereafter open to the Magistrate, if he thinks fit, to call upon the complainant
to remain present and to examine him as to the facts contained in the affidavit submitted by the complainant in
support of his complaint. However, it is a matter of discretion and the Magistrate is not bound to call upon the
complainant to remain present before the court and to examine him upon oath for taking decision whether or not to
issue process on the complaint under Section 138 of the NI Act. For the purpose of issuing process under Section
200 of the Code, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the
complainant in support of the complaint under Section 138 of the NI Act. It is only if and where the Magistrate,
after considering the complaint under Section 138 of the NI Act, documents produced in support thereof and the
verification in the form of affidavit of the complainant, is of the view that examination of the complainant or his
witness(s) is required, the Magistrate may call upon the complainant to remain present before the court and
examine the complainant and/or his witness upon oath for taking a decision whether or not to issue process on the
complaint under Section 138 of the NI Act.”
Complaint, affidavit of evidence and documents
considered in light of above cited judgment. In opinion of this
Court, there is no need to examine the complainant's evidence for
purpose of issuance of process. In view of complaint, documents
produced and verification in the form of affidavit of evidence,
there are sufficient grounds for proceeding further against
accused person(s) for offence punishable under Section 138 N. I.
Act. I take cognizance of said offence.
Continued.....
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Issue summons to the accused returnable on next
date of hearing on filing of PF/RC/Speed Post. The complainant
shall file an affidavit in respect to the veracity of mobile number
and e-mail address belonging to the accused. Affidavit along
with PF be filed along with copy of the complaint and annexed
documents. 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 of the family.
Matter be taken up now on 07.10.2024.
As per the guidelines laid down as in the case titled
as “Damodar S. Prabhu Vs. Sayed Babalal H”, AIR2010(SC)
1907, Ahlmad is directed to make a mention on the summons
issued against the accused (by adding separate sheet, if required)
that “accused can make an application for compounding of the
offence at the first and second hearing of the case and if such an
application is made, compounding may be allowed by the Court
without imposing any costs on the accused.”
(Divya Gupta)
MM-05(NI Act), (C)/THC/DELHI
04.06.2024
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