Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 127 CC NI ACT / 117501/2025 Francis Remedies India Private Limited Vs. Sandeep Kumar Gupta /0 (Barakhamba Road)
06.07.2026
Present: Ms. Mimansa Vashishtha & Ms. Aarchi Sharma, Ld. Counsel for the complainant.
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 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 04.12.2027.
Vanshika Mehta
JMFC-04(NI Act)/PHC/NDD
06.07.2026.
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