Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 34 CC NI ACT / 35367/2024
Hero fincorp ltd Vs. VAGHELA ASHOKBHAI MANGABHAI /0 (Connaught
Place)
20.05.2026
Proceedings conducted through Hybrid Mode.
Present : Ld. Counsel for the complainant
In view of judgment of Hon’ble High Court of Delhi, i.e.
Brand
Protectors India Pvt. Ltd Vs. Anil Kumar, Crl. M.C. 1495/2025, Crl. M.A.
6762/2025, notice to be issued to the proposed accused as provided by the proviso
of section 223 BNSS is being dispensed with.
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. 223 BNSS (Erstwhile 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 of the cheque in dispute.
(3) In terms of inquiry conducted under Section 225 BNSS (Erstwhile 202
CrPC), all the statutory requirements have been complied with. The complaint is filed
within the period of limitation. I am also prima facie satisfied that the offence has been
committed within the jurisdiction of this court.
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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.
(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 10 days including providing copy(ies) of complaint otherwise the
complaint may be dismissed as per law.
Put up for report/appearance of accused on 27.10.2026. Date is given as
per the convenience of the Counsel (s).
(CHARAN SALWAN)
Judicial Magistrate First Class-01
New Delhi District : Patiala House Courts
New Delhi/20.05.2026
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