Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI No. 391/26
Union Bank of India Vs. Ravinder
Model Town
Fresh complaint u/s 138 NI Act received by way of assignment. It be checked
and registered.
12.02.2026
Present: Sh. Kotla Shiva Kumar, Ld. Counsel for the complainant through VC.
As per the judgment 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 prima facie sufficient
material before this Court to proceed against the accused upon perusal of the
evidence affidavit, complaint, cheque etc. This court hereby takes cognizance of the
offence under Section 138 of the NI Act.
Accordingly, issue summons to accused for being the drawer and
signatory of the impugned cheque. The summons are to be sent upon filing of PF/RC
within 15 days from today, returnable on 25.05.2026. 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. Summons shall also be
served through speed post/approved courier and internet generated tracking report of
the summons so sent shall be produced before the Court on the next date of hearing.
The complainant may also send summons through email and WhatsApp on the details
of the accused and file the required affidavit along with Certificate u/s 65B Indian
Evidence Act (63 BSA) on the next date of hearing.
Complainant is directed to file PF and provide copy/(ies) of the
complaint to the accused, otherwise the complaint may be dismissed under Section
204 (4), CrPC.
(Himanshu Sehloth)
JMFC-03/ North/ Rohini/ Delhi
12.02.2026
-- 1 of 1 --