Order 7

Order Details: COPY OF ORDER
Pdf Text: 14 CC NI ACT / 63/2025
SUMAN Vs. VIKASH DUBEY
PS Gokul Puri
09.09.2026
(VC proceedings through CISCO Webex)
Present: Sh. Akash Kesari, Ld. counsel for complainant with complainant.
Photocopy of cancel cheque as per which complainant bank branch is at Yamuna
Vihar.
Ld Counsel for the complainant submits that he is withdrawing cheque no. 979949
due to technical issues.
Arguments on cognizance and summoning heard.
COGNIZANCE AND SUMMONING ORDER
(1) This is a complaint filed for offence punishable under Section 138 N. I. Act.
Complaint, affidavit of evidence and other annexed documents perused. I take cognizance of the
said offence.
(2) The Hon’ble Supreme Court in A. C. Narayanan Vs. State of Maharashtra &
Anr.” (2014) 11 SCC 790, has given discretion to the Magistrate to rely on the complaint,
documents annexed and the affidavit submitted by complainant in deciding whether or not to
issue process. u/s. 200 CrPC and it is not mandatory to examine upon oath the complainant or its
witnesses in order to decide the same. Upon considering the instant complaint, documents
produced and verification in the form of affidavit of evidence, there are sufficient grounds for
proceeding further against accused for offence punishable under Section 138 N. I. Act. Accused is
prima facie responsible, being the drawer and signatory of the cheque in dispute.
(3) In terms of inquiry conducted under Section 225 BNSS, all the statutory
requirements have been complied with. The complaint is filed within the period of limitation. I
am also prima facie satisfied that the offence has been committed within the jurisdiction of this
court.
Hence, issue summons against the accused on PF/RC/Approved Courier. Service
be also effected on the email and whatsApp message(s), as provided by the complainant and
further subject to filing of report of service. Necessary particulars be filed on affidavit within 7
days. For facilitation of the same, dasti summons are permitted. The process server is directed to
serve the summons by way of affixation in terms of Sec. 67 BNSS if premises found closed or
same could not be served personally or on any adult male member.
(4) As per the guidelines laid down in Damodar S. Prabhu Vs. Sayed Babalal H,
AIR 2010 (SC) 1907, Ahlmad is directed to make a mention on the summons issued against the
accused (by adding separate sheet, if required) that “accused can make an application for
compounding of the offence at the first and second hearing of the case and if such an application
is made, compounding may be allowed by the Court without imposing any costs on the accused.”
(5) Ahlmad is also directed to mention the official email id and video conferencing
link of this Court on the summons. Complainant is directed to file PF and take steps within 07
days including providing copy(ies) of complaint otherwise the complaint may be dismissed u/s
227(4) of BNSS The complainant is also apprised of the fact that at the time of filing 1 st PF, he is
required to mandatorily fill the Meta Deta form.
At request, put up for report/appearance of accused on 18.12.2026.
P.A. is directed to do updation of the case and upload the order as per rules.
(SANJANA KASANA)
JMFC(NI ACT)/NE/KKD
DELHI/09.09.2026
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