Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 60 CC NI ACT / 3695/2026
Mayank Goel Vs. M s Krishna and others
07.09.2026
Digital signature has not yet been assigned.
Present: Sh. R. Gopal, Ld. Counsel for complainant.
None for accused.
Matter is listed for consideration.
Arguments on summoning heard.
Ld. Counsel for complainant submits that the partnership deeds on records
show that accused no.3 was the active partner of accused no.1 and accused no.2 became the
active partner later. He submitted that e-mail on record show that accused no.3 was involved
in the transactions actively with the complainant. He submits that due to the involvement of
accused no.3 acting through accused no.1 the case is made out against accused no.1, 2 & 3.
Ld. Counsel for complainant has further relied upon Section 141 NI Act and submitted that
since the transaction involved a partnership firm acting through the partners, the principles
of Section 141 NI Act be applied in this case and all the three accused be summoned U/S
141 NI Act.
Heard. Perused. Considered.
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.
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
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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.
Let accused no.2 Ashish Shah be summoned on filing of PF, through all modes
including dasti. Compliance of the same be done within 15 days from today. Since the
cheque in question is not drawn on account of accused no.1 and accused no.3 and does not
involve the cheque of a company/partnership firm, no case is made out against accused no.1
and accused no.3. Accordingly, this case is dropped qua accused no.1 and accused no.3.
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 11.12.2026.
Dasti summons be also given.
Shortest possible date has been given considering the court docket and that the
court is functioning with only one stenographer.
(Shraddha Tripathi)
JMFC-02 (NI Act),
East /KKD/07.09.2026
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