Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4 CC NI ACT / 53650/2025 Surya Roshni Limited Vs. Nawaz Ali Khan /0 (Barakhamba
Road)
6 CC NI ACT / 53663/2025 Surya Roshni Limited Vs. SHAILESH
SHANTILAL SHAH /0 (Barakhamba Road)
27.06.2026
Matter taken up today as 26.06.2026 was holiday.
Present: Mr. Vineet Jain, Ld. Counsel for Complainant with AR.
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
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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.”
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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 28.06.2027.
Vanshika Mehta
JMFC-04(NI Act)/PHC/NDD
27.06.2026.
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