Interim Order 11

Order Details: COPY OF ORDER
Pdf Text: 7 CC NI ACT 1497/2023
RAHUL GUPTA Vs. NITIN MITTAL /0 (Bhajan Pura)
28.09.2026
(VC proceedings through CISCO Webex)
Present: Mr. Hritik Raj, Ld Counsel for the complainant through VC.
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 19.01.2027.
P.A. is directed to do updation of the case and upload the order as per rules.
(SANJANA KASANA)
JMFC(NI ACT)/NE/KKD
Court/DELHI/28.09.2026
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