Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 71 CC NI ACT - 1935-2025 ANIL KUMAR BARUA Vs. DHIRENDRA SINGH
TOMAR -
(Proceedings conducted through Video conferencing on Cisco Webex platform using
the URL link https:--delhidistrictcourts.webex.com-meet-ninewdelhi3.
18.11.2025
Pr: Sh Ranjan Kumar Ld Counsel for the complainant.
None for the accused.
Ld. counsel for the complainant submits that he has filed an application for waiver
of previous cost on the email ID ofthe court. Same be taken on record.
Heard.
In view of the submission made and in the interest of justice the cost imposed on the
complainant on the LDOH stands waived.
Ld. counsel for the complainant submits that the proposed accused is the proprietor
of the drawer of the cheque and he has filed the GST certificate. Same be taken on record.
He further submits that theproposed accused is signatory to the cheque in question.
COGNIZANCE AND SUMMONING ORDER
(1) This is a complaint filed for offence punishable under Section 138 N. I. Act.
Complaint, affidavit of evidence and other annexed documents perused. I take cognizance of
the said offence.
(2) The Hon’ble Supreme Court in A. C. Narayanan Vs. State of Maharashtra
& Anr.” (2014) 11 SCC 790, has given discretion to the Magistrate to rely on the complaint,
documents annexed and the affidavit submitted by complainant in deciding whether or not to
issue process. u/s. 200 CrPC and it is not mandatory to examine upon oath the complainant
or its witnesses in order to decide the same. Upon considering the instant complaint,
documents produced and verification in the form of affidavit of evidence, there are sufficient
grounds for proceeding further against accused for offence punishable under Section 138 N.
I. Act. Accused is prima facie responsible, being the drawer and the signatory of the cheque
in dispute.
(3) In terms of inquiry conducted under Section 225 BNSS, all the statutory
requirements have been complied with. The complaint is filed within the period of
( NISHTHA MEHTANI)
JM 1st Class (NI Act) Digital Court-03
New Delhi, PHC-Delhi-18.11.2025
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limitation. I am also prima facie satisfied that the offence has been committed within the
jurisdiction of this court.
Hence, issue summons against the accused on PF/RC/Approved Courier.
Service be also effected on the email and whatsApp message(s), as provided by the
complainant and further subject to filing of report of service. Necessary particulars be filed
on affidavit within 7 days. For facilitation of the same, dasti summons are permitted. The
process server is directed to serve the summons by way of affixation in terms of Sec. 67
BNSS if premises found closed or same could not be served personally or on any adult male
member.
(4) As per the guidelines laid down in 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.”
(5) Ahlmad is also directed to mention the official email id and video conferencing
link of this Court on the summons. Complainant is directed to file PF and take steps within
07 days including providing copy(ies) of complaint otherwise the complaint may be
dismissed u/s 227(4) of BNSS The complainant is also apprised of the fact that at the time
of filing 1 st PF, he is required to mandatorily fill the Meta Deta form.
At request, put up for report/appearance of accused on 06.08.2026.
P.A. is directed to do updation of the case and upload the order as per rules.
( NISHTHA MEHTANI)
JM 1st Class (NI Act) Digital Court-03
New Delhi, PHC-Delhi-18.11.2025
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