Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CC NI ACT / 11247/2025
Jyoti Rathore Vs. Om Parkash
13.04.2026
Present: Mr. Aman Kashyap, Ld. Proxy Counsel for complainant with the
complainant.
Mr. Deepak Aggarwal, Ld. Counsel for proposed accused with proposed
accused.
Matter is listed at pre-cognizance proceedings. However, as per
judgement of Hon’ble Supreme Court in
Sanjabij Tari Vs. Kishore S. Borcar and Anr.
(2025 INSC 1158) , the accused is not required to be heard through a notice at the pre-
cognizance stage.
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...
Steno Purshotam Kumar, Emp. Code 99617087
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“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.”
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 of the accused since accused has
already entered appearance.
Since the offence is bailable, the accused is granted bail, subject to
furnishing of bail bonds in the sum of Rs. 40,000/- with one surety in the like
amount.
Accused seeks some time to furnish bail bonds. Time granted till
NDOH.
Accused submits that he has not received the copy of the complaint and
annexed documents. Spare copy of the same as on record supplied to the accused.
List the matter for furnishing of bail bonds/ framing of notice on
09.07.2026.
(Danveer)
Judicial Magistrate First Class-04, NI Act
13.04.2026
Steno Purshotam Kumar, Emp. Code 99617087
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