Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 91CC NI ACT/5244/2025
DLCT020113602025
CLAVECON INDIA PRIVATE LIMITED
VS.
FURLONG REALTY PVT LTD
15.01.2026
Present : Sh.P.K. Gupta, Ld. Counsel for the complainant.
Sh. Ved Prakash, AR for the complainant.
Mohd. Ikram, Ld. Counsel for the proposed accused.
Proposed accused no.3 through VC.
Ld. counsel for proposed accused submits that he has
no objection to summoning of proposed accused no.2 and 3.
Submissions heard. Record perused.
The Hon’ble Supreme Court in the decision reported as
A.C. Narayanan vs. State of Maharashtra (2014) 11 SCC 790 has
held as under,
“29. From a conjoint reading of Sections 138, 142 and 145 of the N.I. 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….
…33.4 In the light of Section 145 of the NI Act, 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 and the Magistrate is
neither mandatorily obliged to call upon the complainant to remain present
before the Court, nor to examine the complainant or his witness upon oath for
taking the decision whether or not to issue process on the complaint under
Section 138 of the NI Act.”
Similar directions have been issued in Indian Bank
Association & Ors. vs. Union of India (2014) 5 SCC 590 and Rajesh
Agarwal vs. State (2010) 171 DLT 51.
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On consideration of the complaint, annexed documents
and the verification affidavit of the complainant, this Court is of the
opinion that prima facie there are sufficient grounds for proceeding
against the accused no.2 and 3, I hereby take cognizance of the
offence under Section 138, Negotiable Instruments Act, 1881. There
is no requirement for examination of the complainant or witnesses
for purpose of issuance of process in view of the above-mentioned
directions of the Hon’ble Apex Court and Hon’ble Delhi High
Court. In terms of inquiry conducted under Section 202 CrPC, all
the statutory requirements have been complied with. The complaint
is filed within the period of limitation as prescribed under Section
142(1)(b) of the NI Act.
Since, the Ld. counsel for accused no.2 and 3 has
entered appearance, summons are dispensed with.
Since the offence is bailable, accused persons are
admitted to bail subject to furnishing of bail bond for a sum of Rs.
1,00,000/- and one surety in the like amount. Time sought for filing
surety bonds. Time granted till NDOH.
Re-list the matter for framing of notice on 17.03.2026
for further proceedings.
(Ravisha Sidana)
JMFC, NI Act-06,
Central District, THC
15.01.2026
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