Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 46 CC NI ACT / 6018/2025
The Krishna Cooperative Urban Thrift and Credit Society Ltd Vs. Raju
18.02.2026
Present: Ld. Counsel for Complainant.
None for Accused.
Ld. Counsel for the complainant has filed the original complaint alongwith
documents today. The same has been confirmed by the Reader of this court. Be taken on record.
In light of the judgment tiled as ‘Sanjabij Tari Vs Kishore S. Borkar & Anr.’ Crl.
Appeal no. 1755 of 2010 passed by the Hon’ble Supreme Court on 25/09/2025, the requirement
of issuing notice u/s 223 of the BNSS and hearing the proposed accused on arguments on
cognizance is dispensed with.
Arguments on the point of summoning heard. Complaint, affidavit of evidence
and the documents on record have been perused. The present complaint has been filed u/s 138 of
Negotiable Instruments Act, 1881. Complaint, affidavit of evidence and other documents
annexed with it perused. In view of the averments made in the complaint, this court has
territorial jurisdiction to entertain the present complaint. In terms of inquiry conducted u/s 202
Cr. P.C, all the statutory requirements have been complied with. Prima facie, there is sufficient
material on record to proceed further with the matter.
Accordingly, this court takes cognizance of the said offence punishable u/s 138
N.I. Act.
Following the law laid down in A.C. Narayanan Vs. State of Maharashtra (2014)
11 SCC 790, complaint, affidavit of evidence and other annexed documents considered.
Accordingly, there is no need to examine the complainant for the purpose of issuance of
process.
After perusal of the entire record, the court is of the considered opinion that
there are sufficient grounds for proceeding against accused for the commission of offence under
Section 138, Negotiable Instruments Act, 1881.
Accordingly, let summons be issued to accused through speed post/approved
courier on filing of PF, RC within 15 days from today. Service of E-summons be also affected
through Email and Whatsapp provided the complainant files an affidavit to the effect that email
ID and whatsapp number on which the said message(s) is /are sent is of the accused person and
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further subject to filing of the report of service. Proof of service/tracking report be filed and
updated on the digital file on or before next date of hearing. The process server is also directed
that in the event of non-availability of the accused or house/office/premises is found to be
locked or accused refuses to accept the service, the process be served through affixation.
Reader cum Ahlmad is directed to make an endorsement on the summons that if
the accused makes an application for compounding of offence at the first or second hearing, the
Court may pass appropriate orders at the earliest as per the judgment of the Hon'ble Supreme
Court in Meters and Instruments Pvt. Ltd. v. Kanchan Mehta (2018) 1 SCC 560 and if
settlement is made at a subsequent state, the consequences as envisaged in Damodar S. Prabhu
vs Sayed Babalal (2010) 5 SCC 663 shall be enforced.
The Reader cum Ahlmad is also directed to mention the official e-mail id and
video conferencing link of this court on the summons. The Reader cum Ahlmad is directed to
send the copy of e-summons along with the copy of the digital case file to the Nazarat Branch
to effect service of e-summons via Email and Whatsapp. Nazarat Branch is directed to file
report regarding service of summons before the NDOH.
Put up for appearance of accused / further proceedings on 04.07.2026.
(Surbhi Gupta Anand)
JMFC (NI Act) -08,
Central, THC, Delhi 18.02.2026
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