Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 14908/2025
PRADEEP KUMAR Vs. Monu Kumar
03.11.2025
Present: Complainant in person.
Sh. Shoaib Alam, Ld. Counsel for the accused.
(memo of appearance filed).
Complainant has filed the date of record of filing of the present
complaint case. Same be taken on record.
Perusal of record shows that 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,
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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, formal summoning is not required as Ld. Counsel for the
accused has already entered appearance today in the court and has submitted that the
accused will appear on NDOH.
Copy of complaint and annexed documents have been supplied to Ld.
Counsel for the accused in the court today.
Since the offence is bailable, the accused is granted bail, subject to
furnishing of bail bonds in the sum of Rs. 25,000/- with one surety in the like
amount.
Time is sought to furnish bail bonds. Time granted till NDOH.
Accused is directed to appear physically on NDOH.
Put up for appearance of accused/ furnishing of bail bonds/ framing of notice
on 23.01.2026.
(Danveer)
Judicial Magistrate First Class-04, NI Act
03.11.2025
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