Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT / 15071/2024
m/s metal monger Vs. manu bansal
04.07.2025
Present : Mr. Ashu Ralhan, Ld. Counsel for complainant.
Mr. Ajay Mishra and Ms. Ranjana Kumari, Ld. Counsel for accused
alongwith proposed accused in person.
Fresh vakalatnama on behalf of the proposed accused filed. Same be
taken on record.
Ld. Counsel for proposed accused submits that copy of complaint has
been received by proposed accused.
Heard.
Both the parties have been heard.
Arguments Heard. Entire record including the complaint and the annexed
documents perused thoroughly. It is alleged that accused has issued the cheque(s) in
question to the complainant in discharge of a legal liability. On presentation, the same
got dishonoured. Thereafter, demand notice was sent to the accused by the complainant.
Thereafter, the accused has failed to make the payment within 15 days of receipt of the
legal notice as per provisions of the Negotiable Instruments Act, 1881. Thereafter, the
present complaint has been filed by the complainant.
The Hon’ble Supreme Court in the decision reported as A.C. Narayanan
v. 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. v.
Union of India (2014) 5 SCC 590 and Rajesh Agarwal v. State (2010) 171 DLT 51.
In light of the aforesaid decision, there is no need to examine the
complainant before issuing process to the accused. Accordingly, 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
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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 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 Negotiable Instruments Act.
Since the accused is present before the Court and is aware of the Court
proceedings, formal requirement of issuance of summons is hereby dispened with.
Since, the offence is bailable in nature accused is admitted to bail subject
to furnishing of bonds in the sum of Rs. 50,000/- and the surety in the like amount.
Personal bonds furnished. Same is accepted till NDOH.
Ld. Counsel for accused is directed to furnish the surety bonds on or
before NDOH.
Notice u/s 251 Cr.P.C has been framed and served against the accused to
which he has pleaded not guilty and claimed trial.
Defence of the accused has also been recorded today.
Considering the nature of evidence, the cheque amount in question in
present case, this court is of the opinion that a sentence of imprisonment for a term
exceeding one year may have to be passed and it is undersirable to try the present case
summarily and therefore, the present case shall be tried as a summons case under
Chapter 20 of the Criminal Procedure Code.
Admission / denial of the documents u/s 294 Cr.P.C has been conducted
today. Accordingly, witnesses at serial no. 2 and 3 are hereby dropped.
Separate statement of the accused has also been recorded.
Accused seeks sometime for filing application u/s 145(2) NI Act. Let
advance copy of the said application be supplied to the complainant at least two days
before the next date of hearing.
Ld. Counsel for the complainant submits that he has no objection if
accused is given an opportunity to cross-examine the complainant.
Heard.
Accordingly, requirement of filing of an application u/s 145(2) NI Act is
hereby dispensed with.
Accordingly, put up for CE on 27.10.2025.
(Pranjal Gangwar)
Judicial Magistrate First Class (NI Act) -03
Central/Delhi/04.07.2025
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