Order 3

Order Details: COPY OF ORDER
Pdf Text: 36 CC NI ACT 2353/2023
SANDHU MOTOR FINANCE PVT LTD Vs. MS. APHSANA
(Krishna Nagar)
06.12.2025
Present: Ms. Sonali Arora, Ld. Proxy Counsel for the complainant.
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.
Arguments on summoning heard.
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.
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.
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