Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10 CC NI ACT / 11192/2024
DCB BANK Vs. Mr Nirmal Singh
08.10.2025
Present: Sh. Jai Khapran, Sh. Keshvam Punj, Sh. Akash Mehta and Ms. Pooja, Ld. Counsel for the
complainant.
Perusal of complaint shows that the present matter has been filed after 01.07.2024 and the
same falls under Bhartiya Nagarik Suraksha Adhiniyam, 2023 (BNSS). As per Proviso 1 to Section 223 of
BNSS, it is mandatory to hear the proposed accused before taking cognizance. However, in light of the
judgment of the Hon’ble Supreme court in ‘
Sanjabij Tari Vs. Kishore S Borcar’, 2025 INSC 1158, the
requirement of hearing the accused on the point of congnizance is dispensed with.
Accordingly, arguments on cognizance and summoning heard on behalf of complainant.
I have gone through the entire record including the complaint and the documents. It is
alleged that accused has issued the cheque in question to the complainant to discharge his liability. On its
presentation the same was dishonored. Therefore, demand notice was sent to the accused by the
complainant. Despite service/deemed service of said notice, accused has failed to make the payment as per
provisions of Negotiable Instruments Act.
The counsel for the complainant submits that dictum of A C Narayanan is also applicable
to complaints u/s 138 NI Act.
In matter of "A. C. Narayanan Vs. State of Maharashtra & Anr." (2014) 11 SCC 790, Full
Bench of Hon'ble Supreme Court of India has held that "...it is a matter of discretion and the Magistrate is
not bound to call upon the complainant to remain present before the court and to examine him upon oath for
taking decision whether or not to issue process on the complaint under Section 138 of the NI Act. For the
purpose of issuing process under Section 200 of the Code, 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 NI Act..."
Complaint, affidavit of evidence and documents considered in light of above cited
judgment. In opinion of this Court, there is no need to examine the complainant/witnesses for purpose of
issuance of process. In view of complaint, documents produced and verification in the form of affidavit of
evidence, there are sufficient grounds for proceeding further against accused person(s) for offence
punishable under Section 138 NI Act.
At this stage, Ld. Counsel for the complainant submits that there are chances of settlement
between the parties and requests that the matter may be referred to Pre-Lok Adalat.
In view of the submissions, let the matter be referred to pre-lok adalat sitting on
01.12.2025 at 04:00 p.m. Let notice be issued to the parties to appear in person for NDOH.
Put up for settlement, if any/ further proceedings on 01.12.2025.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
08.10.2025
-- 1 of 1 --