Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 26 CC NI ACT / 12165/2025
RAJ KUMAR SETHI Vs. SHAHIN PARVEEN
12.01.2026
(Regular Stenographer of this court is on leave).
Present: 	Complainant in person.
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...
“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.”
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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 (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 06.05.2026.
(Danveer)
Judicial Magistrate First Class-04, NI Act
12.01.2026
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