Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 75 CC NI ACT / 939/2026 KUNAL GAUR Vs. MENKA JHA /0 (Gazipur)
03.09.2026
Regular stenographer is on leave today.
Digital signature has not yet been assigned
Present: Mr. Hritik Raj, Ld. Counsel for 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.
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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 MENKA JHA be summoned on filing of PF, through all
modes including dasti. Compliance of the same be done within 15 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 25.01.2027.
(Shraddha Tripathi)
JMFC-02 (NI Act),
East /KKD/03.09.2026
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