Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 39 CC NO.638/2026
VIKAS VS RUQAIYA AALIA
PS GOKUL PURI
07.04.2026
(VC proceedings through CISCO Webex)
Present: Sh. Puneet Kumar Tyagi Ld Counsel for the complainant alongwith
complainant.
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 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 24.09.2026.
P.A. is directed to do updation of the case and upload the order as per rules.
(NISHTHA MEHTANI)
JMFC(NI ACT)/NE/KKD
DELHI/07.04.2026
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