Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CC No.32786/2024MARGHOOB AL HAQ Vs. RAVI KUMAR
26.04.2025
Present : Complainant with Ld. Counsel Sh. M.U. Haq.
Sh. Swarndeep Singh, Ld. Counsel for the proposed
accused.
Proposed accused is absent.
Arguments on cognizance heard.
The present complaint is filed for the offence
punishable under Section 138 of Negotiable Instruments Act,
1881. The Complaint is filed within limitation and is within the
territorial jurisdiction of this court. On the basis of the averments
contained in the complaint, an offence under Section 138 N.I. Act
appears to have been committed. In the considered opinion of
this Court, prima facie, there is sufficient material available on
record to proceed further. I hereby take cognizance of the offence
u/S 138 NI Act.
In light of the decision of the full bench of Hon'ble
Supreme Court of India in
“A. C. Narayanan v. State of
Maharashtra & Anr.” (2014) 11 SCC 790, there is no requirement
to examine the complainant at the pre-summoning stage for the
purpose of issuance of process against the accused. Complaint,
evidence affidavit and annexed documents considered. No other
witness is sought to be examined on behalf of the complainant at
this stage. Relevant inquiry under Section 202 Cr.P.C. conducted.
In the considered opinion of this court, there are sufficient
grounds for proceeding against the accused in the present matter.
Accordingly, let summons be issued to the accused.
At this stage, Ld. counsel for the accused has
accepted the service of summons and has sought some time to
file his vakalatnama.
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An oral request for exemption from personal
appearance has been made on behalf of the accused. For the
reasons mentioned the same is allowed for today only with a
clear direction to the accused to appear physically alongwith his
surety on the NDOH.
This court is of the considered opinion that there are
elements of settlement in the present case. Accordingly, the
present matter is referred to the Pre-Lok Adalat Sitting on
03.05.2025 at 4pm.
Both parties are directed to remain physically
present on the next date of hearing.
(Poonam Singh)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/26.04.2025
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