Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 47 CC NI ACT / 1540/2026
PRABHAT JHA Vs. ADITYA KUMAR
PS KARAWAL NAGAR
30.09.2026
(VC proceedings through CISCO Webex)
Present: Ms. Prachi Goyal, Ld Counsel for the complainant alongwith 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 22.02.2027.
P.A. is directed to do updation of the case and upload the order as per rules.
(SANJANA KASANA)
JMFC(NI ACT)/NE/KKD
DELHI/30.09.2026
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