Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 78 CC NI ACT / 61909/2025 B R AGROTECH LTD Vs. GROWERO
TECHNOLOGIES PVT LTD /0 (Mandir Marg)
02.02.2026
Present: Mr. Deepak Yadav, Ld. Counsel for the complainant
AR of the complainant in person.
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
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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 no. 1,2,3 & 6.
Accordingly, let fresh summons be issued to the accused no. 1,2,3
& 6 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 14.10.2026.
(Vanshika Mehta)
JMFC-04(NI Act)/PHC/NDD
02.02.2026
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