Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 86 CC NI ACT / 6609/2024
Rajesh Sanan Vs. Manthan Kaju Wala
15.07.2024
Today, the undersigned is also working as Duty MM.
Present: Complainant in person.
(1) This is complaint filed for offence punishable under Section 138 N. I. Act.
Complaint, affidavit of evidence and other annexed documents perused. I take cognizance of
said offence.
(2) 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.”
(3) 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.
(4) Hence, issue summons against the accused person(s) on P.F./R.C./Approved
Courier for 29.11.2024. The complainant can provide email address of accused person(s), if
any for service. The service of summons through what's app message(s) also permitted
provided the complainant files an affidavit to the effect that number on which the said
message(s) are sent is/are of the accused person(s) and further subject to filing of report of
service. 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. An
endorsement be also made that if application for compounding at first or second hearing is made
the court may pass approiate orders at the earlier as per judgment of Damodar S. Prabhu cited as
(2010) 5 SCC 663. Complainant is directed to file PF and take steps within 30 days including
providing copy(ies) of complaint otherwise the complaint may be dismissed U/s 204(4) Cr. P.C.
Dasti summons also permitted for service.
(NITISH KUMAR SHARMA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/15.07.2024
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