Order 1

Order Details: COPY OF ORDER
Pdf Text: 50
CC NI ACT 361/2026
Abdul Kayoom Vs. Ajay Kumar
PS: Bawana
02.05.2026
Present : Ld. counsel for the complainant with complainant.
COGNIZANCE AND SUMMONING ORDER
1. I have perused the complaint, pre-summoning evidence by
way of affidavit of the complainant and the documents relied upon by
the complainant. The present complaint has been filed within the
limitation and is within the jurisdiction of this Court.
2. In light of the decision 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.
3. Accordingly, issue summons to accused for being the
drawer and signatory to the impugned cheque(s). The summons are to be
sent upon filing of PF/RC within 7 days from today, returnable on
11.09.2026. The complainant is directed to file metadata form before
filing of PF. The process server is directed to serve the summons by way
of affixation, if premises are found locked or same could not be served
personally or on any adult male member. To expedite service, the
complainant is at liberty to serve the summons through speed
post/approved courier, subject to filing internet generated tracking report
of service on the next date of hearing. The complainant may also send
summons through email and WhatsApp to the accused and file the
requisite affidavit of service along with Certificate u/S 63 of Bhartiya
Sakshya Adhiniyam on the next date of hearing.
4. As per the guidelines laid down in Damodar S Prabhu Vs.
Sayed Baba Lal 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 a application for compounding
of the offence at the first and second hearing of the case and if such an
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application is made, compounding may be allowed by the court without
imposing any costs on the accused”.
5. Complainant is directed to file PF and provide copies of the
complaint and other necessary documents, within one month from today,
failing which the complaint may be dismissed under Section 227(4) of
Bhartiya Nagarik Suraksha Sanhita. Renotify for appearance of the
accused/furnishing of bail bonds/ consideration on Notice under Section
274 of Bhartiya Nagarik Suraksha Sanhita on 11.09.2026.
7. The summons must accompany the copy of the complaint
along with other supporting documents and the complainant will file the
proof of the copy being supplied to the accused before this court on the
NDOH.
(BHARTI BENIWAL)
Judicial Magistrate First Class-05
North Rohini Courts
Delhi/02.05.2026
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