Order 2

Order Details: COPY OF ORDER
Pdf Text: 28 CC NI ACT No. 11629/2025
LA GRANDE HERBS AND PHARMA LTD Vs. DEVOUT NORD I LIMITED
09.12.2025
(Regular Stenograper of this court is on leave).
Present: Sh. Vikram Baweja, Ld. Counsel for the complainant.
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 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
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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 no.
1 & 2.
Accordingly, issue summons to accused no. 1 & 2 through
post/approved courier/other permissible (including dasti, if requested) 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
Sanjabij Tari Vs. Kishore S. Borcar and Anr. (2025 INSC 1158) :
(a) If the accused pays the cheque amount before recording of their
evidence (Defence Evidence), the Trial Court may allow the
compounding of the offence without imposing any cost or penalty on
the accused.
(b) If the accused makes payment of the cheque amount post the
recording of Defence Evidence, but prior to the pronouncement of
judgement, the Court may allow compounding of the offence on
payment of additional 5 per cent of the cheque amount with the Legal
Services Authority or such other authority as the Court deems fit...
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 bonds/ framing of notice
on 14.05.2026.
(Danveer)
Judicial Magistrate First Class-04, NI Act
09.12.2025
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