Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 94 Cc Ni Act / 60139/2025
Deepender Kumar Agarwal Vs. Ashok Kumar Pandey
05.02.2026
Present : 	Ms. Vibhuti Khandelwal, Ld. counsel for complainant.
None for proposed accused.
Tracking 	report 	of 	notice 	on 	application 	for
condonation of delay filed. As per the report, notice has been
delivered on the second address of the proposed accused.
Ld. counsel for complainant states that notice has also
been served on mobile number of the proposed accused.
Despite the same, none has appeared on behalf of
proposed accused since morning despite repeated calls.
In view of the same, the application for condonation of
delay is being decided in the absence of proposed accused.
Heard. Record perused.
It is a settled position of law that the Court has to adopt
a 	liberal 	approach 	while 	dealing 	with 	the 	applications 	for
condonation of delay. Hyper-technical and rigid approach may lead
to miscarriage of justice. If the applicant is able to prove “sufficient
cause” for the delay then the Court ought to condone the said delay
and decide the matter on its merits.
As far as the facts of present case are concerned, there
is stated to be a delay of 02 days on the ground that the complaint
was earlier filed in West District, Tis Hazari Court on 22.09.2025.
The proof of e-filing of complaint at Tis Hazari is on record. It is
further stated that due to the filing before the incorrect jurisdiction,
SIDDHANT
KUMAR
Digitally
	signed by
	SIDDHANT
	KUMAR
Date:
	2026.02.05
	16:16:08
	+0530
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there was a delay of two days in filing the present complaint before
this court.
Submissions heard. Record perused.
It is a settled position of law that if the Court finds that
there is sufficient cause for the delay amounting to however number
of days, and the complainant / applicant is able to explain the reason
for the delay then the same shall be condoned.
In the considered opinion of this Court, the present case
constitutes 	sufficient 	and 	bonafide 	reason 	on 	the 	part 	of 	the
complainant. Further, this Court finds that the delay was neither
willful nor intentional. Hence, the instant application is disposed of
as being allowed.
Nothing expressed in this application shall amount to a
comment upon the merits of the case.
This complaint is filed U/s. 138 of NI Act. It is alleged
in the complaint that the accused had issued cheque in favour of
complainant in discharge of his liability. On presentation, the cheque
was returned dishonored. Thereafter, the complainant made the
demand for the payment of the cheque amount by giving the
statutory notice. The accused failed to make the payment within the
prescribed period of 15 days from the receipt of the demand notice.
Complaint perused. Documents perused.
I have perused the complaint, the evidence by way of
affidavit of the complainant and the documents relied upon by the
complainant. 	The 	present 	complaint 	has 	been 	filed 	within 	the
jurisdiction of this court as the complainant’s bank account is
maintained at HDFC Naraina. 	The original documents have been
SIDDHANT
	KUMAR
Digitally
	signed by
	SIDDHANT
	KUMAR
Date:
	2026.02.05
	16:16:13
	+0530
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exhibited in accordance with the pre summoning evidence by way
of affidavit and the affidavit of evidence is Ex.CW-1/A1.
As per the judgment of Hon'ble Supreme Court in A.C.
Narayanan Vs. State of Maharashtra and Anr. 2014 11 SCC 790
the examination of the complainant upon oath for issuance of
process is a matter of discretion of the Magistrate. In the considered
opinion of this Court, there is no need to examine the complaint for
the purpose of issuance of process. There is sufficient material
before this Court to proceed against the accused. I hereby take
cognizance of the offence U/s. 138 of N.I. Act.
Perusal of the record shows that the cheques in question
have been issued by accused no.2 Mr. Vivek Agarwal and not
accused no.1. Let summons be issued to accused no.2 only at the
given address(es) through all permitted modes including dasti on
filing of PF within 30 days, returnable 01.10.2026.
Complainant is directed to file tracking report and
affidavit of service on NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
05.02.2026
SIDDHANT
KUMAR
Digitally signed
	by SIDDHANT
	KUMAR
Date:
	2026.02.05
	16:16:16
	+0530
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