Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 25 CC NI ACT / 1559/2024
Mohd Raza Vs. Sovindra Kumar
(Khajuri Khas)
28.07.2026
(VC proceedings through CISCO Webex)
Present: Mr. Faruq, ld counsel for the complainant.
Compliance of Section 223 BNSS is dispensed with in view of judgment of
Sanjabij Tari vs Kishore S Borcar 2025 INSC 1158.
Arguments on cognizance and summoned 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.
Since the accused has already entered into appearance on 11.09.2025, the
service of summons in the present matter is dispensed with and the summons is deemed to be
served upon the accused.
Ld counsel for the complainant has submitted that copy of complaint has
already been supplied to the accused.
None has appeared on behalf of accused despite repeated calls.
Fresh BWs in the sum of Rs.5,000/- be issued against the accused on filing of
PF within 07 days from today. Process be executed through SHO concerned.
Put up for Put up for appearance of accused/framing of notice on 02.11.2026.
(SANJANA KASANA)
JMFC(NI ACT)/NE/KKD
Court/DELHI/28.07.2026
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