Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 73 CC NI ACT / 14464/2024
BALAJI SEWING MACHINES PVT LTD Vs. PANKAJ
ENTERPRISES
07.04.2025
Present:- Sh. Sanuj Arora, Ld. Counsel for complainant with
AR (through VC).
Court notice issued to the proposed accused received
back with report ‘no such person’. Perused.
Court notice issued to the proposed accused through
WhatsApp received back served. Perused.
Be awaited for proposed accused.
(Shreya Singh)
Judicial Magistrate First Class,
(NI Act) - 05 (C)/THC/DELHI
07.04.2025
At 02:20 p.m.
Present:- Sh. Sanuj Arora, Ld. Counsel for complainant with
AR (through VC).
None for proposed accused despite repeated calls.
Arguments on the point of cognizance heard.
This is a complaint filed for offence punishable under
Section 138 N. I. Act. Complaint, affidavit of evidence and other
annexed documents perused.
In the case of A. C. Narayanan Vs. State of
Maharashtra & Anr. (2014) 11 SCC 790, the Hon'ble Supreme
Court has held as under:-
“29. From a conjoint reading of Sections 138, 142 and 145 of the NI 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. Once the complainant files an affidavit in support of the complaint before
issuance of the process under Section 200 of the Code, it is thereafter open to the Magistrate, if he thinks fit,
to call upon the complainant to remain present and to examine him as to the facts contained in the affidavit
submitted by the complainant in support of his complaint. However, 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
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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. It is only if and where the Magistrate, after considering the
complaint under Section 138 of the NI Act, documents produced in support thereof and the verification in
the form of affidavit of the complainant, is of the view that examination of the complainant or his witness(s)
is required, the Magistrate may call upon the complainant to remain present before the court and examine
the complainant and/or his witness upon oath for taking a decision whether or not to issue process on 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's evidence 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 Negotiable Instruments Act, 1881. I
take cognizance of said offence.
Hence, accused be summoned for offence u/s 138 of
Negotiable Instruments Act, 1881 on filing of PF/RC. In the event the
house/office/premises is found to be locked/refusal to accept the
service/any other contingency the process be served through
affixation. PF be filed within seven working days.
Complainant is also liberty to serve the summon through
Whatsap and E-mail. Complainant is directed to file an affidavit with
regard to electronic service of summons along with certificate u/s 65B
Indian Evidence Act as per rule.
Matter be taken up now on 28/06/2025.
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.”
(Shreya Singh)
Judicial Magistrate First Class,
(NI Act) - 05 (C)/THC/DELHI
07.04.2025
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