Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 57 CC NI ACT / 47512/2025 VIMAL VASHISHT Vs. SAKSHI PUSHP /0 (R.K. Puram)
05.01.2026
Present: Mr. Pardeep Garg, Ld. Counsel for the complainant.
Matter is at the stage of issuance of Notice u/s 223 BNSS. However, in view of the
ruling of Hon’ble Apex Court in SANJABIJ TARI vs. KISHORE S. BORCAR & ANR., 2025 the need for
issuance of Notice u/s 223 BNSS has been dispensed with. Hence, the court is proceeding to the stage of
cognizance.
Matter is at the stage of issuance of Notice u/s 223 BNSS. However, in view of the
ruling of Hon’ble Apex Court in SANJABIJ TARI vs. KISHORE S. BORCAR & ANR., 2025 the need for
issuance of Notice u/s 223 BNSS has been dispensed with. Hence, the court is proceeding to the stage of
cognizance.
Ld. Counsel for the complainant has filed all the original documents, and the same has
been verified today and found to be in order. Ahlmad is directed to upload the same on layers.
As regards the examination of the complainant under Section 200 Cr.P.C, the Hon’ble
Apex Court in its judgment titled as “ A.C. Narayanan v. State of Maharashtra & Anr., (2014) 11 SCC
790”,has held as under:-
“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 isopen 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. Once the complainant files an affidavit in support of the complaint
before issuance of the process under Section 200 of the Code, it is thereafter open to the
Magistrate, if he thinks fit, to call upon the complainant to remain present and to examine him as
to the facts contained in the affidavit submitted by the complainant in support of his complaint.
However, it is a matter of discretion and the Magistrate is not bound to call upon the complainant
to remainpresent before the Court and to examine him upon oath for taking decision whether or
not to issue process on the complaint under Section 138 of the N.I.Act. For the purpose of issuing
process under Section 200 of the Code, 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 N.I. Act. It is only if and where the Magistrate, after considering the complaint under Section
138 of the N.I. Act, documents produced in support thereof and the verification in the form of
affidavit of the complainant, is of the view that examination of the complainant or his witness(s)
is required, the Magistrate may call upon the complainant to remain present before the Court and
examine the complainant and/or his witness upon oath for taking a decision whether or not to
issue process on the complaint under Section 138 of the N.I. Act.”
In view of the above-mentioned judgment, it is not incumbent upon this Court to
examine the complainant on oath before issuing process.
I have carefully scrutinized the complaint, evidence by way of affidavit and annexed
documents and same are found to be in order. Perusal of complaint, evidence by way of affidavit and
annexed documents show that the complainant received a cheque from the accused. In terms of inquiry
conducted under Section 202 Cr.P.C, all the statutory requirements have been complied with. Perusal of
the record shows that the present case is within the limitation period and within the jurisdiction of this
court. Thus, at this stage, there are sufficeint material available on record to proceed further against the
proposed accused for the offence punishable under section 138 Negotiable Instruments Act and summon
the proposed accused.
Thus, I take cognizance of said offence against the proposed accused.
Accordingly, let fresh summons be issued to the accused on filing of PF, and
RC/Speed post/approved courier with directions to the process server to serve the accused person through
affixation in case of non availability, refusal or if the premise was found locked.
Ld. Counsel for the complainant is further directed to serve summons through all
modes including electronic mode and file all the requisite screenshots, Certificate and affidavit of service
on NDOH.
Put up for appearance of accused, furnishing of bail bond and framing of notice on
30.06.2026.
(Vanshika Mehta)
JMFC-04(NI Act)/PHC/NDD
05.01.2026
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