Order 2

Order Details: COPY OF ORDER
Pdf Text: 33 CC NI ACT / 11544/2025
SH ANURAG VERMA Vs. SH PANKAJ GAUTAM
(Darya Ganj)
04.12.2025
(Regular Stenograper of this court is on leave).
Present: 	Sh. R.K. Dahiya, Ld. Counsel for the complainant.
Complainant in person.
Proposed accused with Ld. Counsel Sh. Nitesh and Sh. Tejvir Sharma.
Matter is listed for report of service on proposed accused.
However, the said exercise of notice and hearing of proposed accused at
the pre-cognizance stage are not required as per the latest pronouncement of the
Hon’ble Supreme Court of India.
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.
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
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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.”
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.
There is no need of formal summoning as the accused has entered
appearance.
Since the offence is bailable, the accused is granted bail, subject to
furnishing of bail bonds in the sum of Rs. 20,000/- with one surety in the like
amount.
Accused seeks some time to furnish bail bonds. Time granted till NDOH.
Notice u/s 251 Cr.P.C (274 BNSS) has been framed against the accused
to which he pleaded not guilty and claimed trial. Plea of defence has been separately
recorded and explained to the accused. Statement of accused under Section 294 Cr.P.C.
(330 BNSS) also recorded.
In view of the statement of the accused u/s 251 Cr.P.C(274 BNSS),
accused has admitted his liability and no plausible defence has been taken by the
accused for which an opportunity for cross examination of the complainant is fit to be
given to the accused u/s 145(2) NI Act. 	The case shall be tried by summary trial
method.
In view of admission/denial of documents under Section 294 Cr. P.C.
(330 BNSS), the witnesses mentioned in the list of witnesses at serial no. 2, 3 and 4
stand dropped from said list.
Statement of accused under Section 313 Cr.P.C. (Section 351 BNSS)
recorded. Accused submits that they will not lead defence evidence.
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Accordingly, list the matter for furnishing of bail bonds/final arguments
on 18.03.2026.
(Danveer)
Judicial Magistrate First Class-04, NI Act
04.12.2025
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