Full Order Text
Order 3 · 28 Nov 2025 · CNR DLCT021051612024
Order Details: COPY OF ORDER Pdf Text: 34CC NI ACT/13682/2024 CNR NO.:-DLCT021051612024 Vikas Nagpal Vs. Giriraj Prasad Aggarwal 28.11.2025 Present : Complainant in person. Proposed accused through VC. Complainant submits that no payment has been received from proposed accused and prays that the matter be proceeded with. An opportunity was granted to proposed accused under Section 223 BNSS to which he stated that he shall pay the cheque amount by March, 2026. Submissions heard. Record perused. 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 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 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. -- 1 of 2 -- 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, I hereby take cognizance of the 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 conducted under Section 202 CrPC, 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 NI Act. Since, the accused has entered appearance, summons are dispensed with. Complainant submits that he has already supplied copy of hard copy of complaint and annexed documents to the accused on 09.09.2025 as well as by post. Since the offence is bailable, accused is admitted to bail subject to furnishing of bail bond for a sum of Rs. 10,000/- and one surety in the like amount. Personal bonds filed and accepted till NDOH. Time sought for filing surety bonds. Time granted till NDOH. Re-list the matter for framing of notice/ furnishing of bail bonds on 09.02.2026 for further proceedings. (Ravisha Sidana) JMFC, NI Act-06, Central District, THC 28.11.2025 -- 2 of 2 --