Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 63 CC NI ACT - 54433-2025
Escorts Kubota Limited Vs. HUKAM SINGH (Barakhamba Road)
14.01.2026
Present: Ms. Jyoti Nayak, Ld. Counsel for complainant along 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.”
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 10.02.2027.
(Vanshika Mehta)
JMFC-04(NI Act)/PHC/NDD
14.01.2026
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