Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
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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 Nos. 1, 2 & 3.
Accordingly, let fresh summons be issued to the accused Nos. 1,
2 & 3 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 Nos. 1, 2 & 3, furnishing of
bail bond and framing of notice on 21.08.2026.
(Vanshika Mehta)
JMFC-04(NI Act)/PHC/NDD
29.01.2026.
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