Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 13CC NI ACT/163/2025SHRIRAM FINANCE LTD Vs. TARUN/0 (Bhajan Pura)
05.12.2025
NO VC LINK HAS BEEN PROVIDED TO THIS COURT.
Present: Sh. Abhishek, AR of complainant.
In view of the recent decision of the Hon’ble Supreme Court in Sanjabij
Tari Vs. Kishore S. Borcar & Anr. dt. 25.09.2025, the issuance of notice u/s 223 of
BNSS to accused at the stage of pre cognizance is dispensed with.
Arguments heard on point of the summoning.
I have perused the complaint, Authority letter in favour of the AR of the
complainant, the evidence by way of affidavit of the AR of the complainant and the
documents relied upon by the complainant. The present case is within the period of
limitation. The original documents have been exhibited in accordance with the pre-
summoning evidence by way of affidavit and the affidavit of evidence is exhibited
as Ex.CW1/X.
As per the judgment of the Hon'ble Supreme Court in A.C. Narayanan
v. State of Maharashtra & Anr. (2014) 11 SCC 790, Full Bench, 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 complainant 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 under Section 138 of the NI Act.
Accordingly, issue summons to accused for being the drawer and
signatory of the impugned cheque. The summons are to be sent upon filing of
PF/RC within 15 days from today, returnable on 09.03.2026.
(Neha Garg)
Judge Evening Court-04
NE/KKD/05.12.2025
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