Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 11309/2024
Nand Kishore Goel Vs. RADHA
(Subzi Mandi)
26.09.2025
Present: Complainant in person with Ld. Counsel Md. Imran.
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.
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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 modes (including dasti, if requested) 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
Damodar S.Prabhu vs Sayed Babalal 2010 5 SCC 663:
(m) Accused can make an application for compounding of the offence
at the first or second hearing of the case and if such an application is
made, compounding may be allowed by the court without imposing any
costs on the accused.
(n) If the accused does not make an application for compounding as
aforesaid, then if an application for compounding is made before the
court at a subsequent stage, compounding can be allowed subject to the
condition that the accused will be required to pay 10%of the cheque
amount to be deposited as a condition for compounding with the
District Legal Service Authority.
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/framing of notice
on 19.02.2026.
(Danveer)
Judicial Magistrate First Class-04, NI Act
26.09.2025
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