Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Evening Court No. 8 , Central District, THC, Delhi
50 CC NI ACT / 15490/2025 Indusind Bank Vs. N SHUAIB /0 (Karol Bagh)
51 CC NI ACT / 15491/2025 Indusind Bank Vs. Satpal /0 (Karol Bagh)
19.09.2026
Present: Advocate Leena for the complainant.
None for the accused.
In the recent judgment Crl. Appeal No. 1755/2010 Sanjabij Tari vs. Kishore S.
Borcar & Anr. of Hon'ble Supreme Court of India, the Apex Court has observed,
“E. Recently, the High Court of Karnataka in Ashok Vs. Fayaz Aahmad,
2025 SCC OnLine Kar 490 has taken the view that since NI Act is a
special enactment, there is no need for the Magistrate to issue summons to
the accused before taking cognizance (under Section 223 of BNSS) of
complaints filed under Section 138 of NI Act. This Court is in agreement
with the view taken by the High Court of Karnataka. Consequently, this
Court directs that there shall be no requirement to issue summons to the
accused in terms of Section 223 of BNSS i.e., at the pre-cognizance stage.”
Thus in light of these observations of the Apex Court, it is abundantly clear that
henceforth there shall be no requirement to issue notice to the accused in terms of section 223
BNSS at the pre-cognizance stage. Therefore the matter now proceeds directly to the stage of
cognizance and summoning of the accused.
Arguments on summoning heard. Complaint and documents annexed with the file
perused. Complaint is within limitation and within the jurisdiction of this Court. I hereby take
cognizance of the offence punishable u/s 138 NI Act.
The Hon'ble Supreme Court in the decision reported as A.C. Narayanan vs. State of
Maharashtra (2014) 11 SCC 790 has held as under,
"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 the NI Act, it is open to theMagistrate to rely upon the verification
(Deepika)
Judge Evening Court No. 8
Central District, THC, Delhi
19.09.2026
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Evening Court No. 8 , Central District, THC, Delhi
in the form of affidavit filed by the complainant in support of the
complaint under Section 138 of the NI 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 NI Act."
Similar directions have been issued in Indian Bank Association & Ors. vs. Union
of India (2014) 5 SCC 590 and Rajesh Agarwal vs. State (2010) 171 DLT 51. On consideration
of the complaint, annexed documents and the verification affidavit of the complainant, this Court is
of the opinion that prima-facie there are sufficient grounds for proceeding against the accused
mentioned below for the commission of offence under Section 138, Negotiable Instruments Act,
1881. There is no requirement for examination of the complainant or witnesses for purpose of
issuance of process in view of the above-mentioned directions of the Hon'ble Apex Court and
Hon'ble Delhi High Court. In terms of inquiry, all the statutory requirements have been complied
with. The complaint is filed within the period of limitation as prescribed under Section 142(1)(b) of
the Negotiable Instruments Act.
Let accused be summoned on filing of PF, RC/ Speed Post/ approved Courier
service/E-mail. Compliance of the same be done within 30 days from today. Complainant is
directed to place the tracking report of summons sent through speed post on record on the
next date.
As per the guidelines laid down as in the case titled as Damodar S. Prabhu Vs.
Sayed Babalal H, AIR 2010 (SC) 1907, Ahlmad is directed to make a mention on the summons
issued against the accused (by adding separate sheet, if required) that "accused can make an
application for compounding of the offence at the first and 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."
Put up for appearance of accused on 23.12.2026.
(Deepika)
Judge Evening Court No. 8
Central District, THC, Delhi
19.09.2026
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