Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 10522/2025
Krishan Vs. Narendra Kumar malik
(Civil Lines)
16.07.2025
Fresh complaint has been received by way of e-assignment. It be checked and registered.
Present: Sh. Yugant Parihar, Ld. Counsel for the complainant. (Through VC).
Heard. Considered.
The instant complaint has been filed u/s 138 of Negotiable Instruments Act,
1881.
Complaint, affidavit of evidence and other annexed documents perused.
Prima facie, there is sufficient material to proceed further with the matter. Arguments on
the point of summoning heard. Prima facie the complaint is within limitation. In view of
the averments made in the complaint, this court has the territorial jurisdiction to entertain
this complaint Accordingly, this court takes cognizance of the said offence u/s 138
N.I.Act, 1881.
Evidence affidavit of CW-1 is already on record.
Further, in the case of
A.C. Narayanan Vs. State of Maharashtra (2014) 11
SCC 790, Hon’ble Supreme Court of India has held that:
“
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 N.I 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 N.I 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
N.I. Act.”
-- 1 of 2 --
Following the law laid down in
A.C. Narayanan (supra), complaint,
affidavit of evidence and other annexed documents considered. Thus, there is no need to
examine the complainant’s evidence for the purpose of issuance of process. Complaint,
affidavit of evidence and other annexed documents perused. After perusal of the entire
record, the court is of the considered opinion that prima facie a case punishable u/s 138
N.I.Act, 1881 is made out against accused.
Accordingly, issue summons to accused through post/approved
courier/other permissible modes on filing of PF & RC. PF & RC to be filed within 7 days
from today.
Ahlmad is directed to make the following endorsement on the summons in
terms of the guidelines of the Hon'ble Supreme Court in the case of
Damodar S.Prabhu
vs Sayed Babalal 2010 5 SCC 663:
(c) Accused can make an application for compounding of the offence at the
first or 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.
(d) If the accused does not make an application for compounding as
aforesaid, then if an application for compounding is made before the court
at a subsequent stage, compounding can be allowed subject to the condition
that the accused will be required to pay 10%of the cheque amount to be
deposited as a condition for compounding with the District Legal Service
Authority.
Further, the process server is 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, process be served through affixation.
Put up for appearance of accused/furnishing of bail/framing of notice on
12.11.2025.
(Danveer)
Judicial Magistrate First Class-04, NI Act
16.07.2025
-- 2 of 2 --