Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT/4800/2024 DLCT020119222024
Sharad Gupta Vs. Vipin Soni
11.11.2024
Present : Sh. Aakash Tiwari, Ld. Counsel for complainant with complainant.
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.
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 mentioned, 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.
Let accused be summoned on filing of PF, RC/ Speed Post/ approved
Courier service/E-mail within 30 days for 21.05.2025.
Complainant is directed to place the tracking report of summons sent
through speed post on record on the next date. In the event the house/office/premises is
found to be locked/refusal to accept the service/any other contingency the process be
served through affixation in terms of Section 65, CrPC.
As per the guidelines laid down as in the case titled as Damodar S.
Prabhu Vs. Sayed Babalal H, AIR 2010 (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.”
(Amit Rana)
JMFC, NI Act-06, Central District, THC/ 11.11.2024
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