Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 39 CC NI ACT / 410/2026
M/S GJ PAPERS PRIVATE LIMITED Vs. M/S SPOORTHI LABELING SOLUTIONS
PRIVATE LIMITED
(Model Town)
27.02.2026.
Fresh complaint u/s 138 NI Act received by way of assignment. It be checked and
registered.
Present: Sh. Shivam Mudgil, Ld. Counsel for the complainant.
AR of the complainant through VC.
Amended memo of parties furnished.
Part submissions heard.
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 no.1 for being the drawer, accused
no.2 for being the director and incharge of day to day affairs of the accused no.1 and
signatory of the impugned cheque. The summons are to be sent upon filing of PF/RC within
15 days from today, returnable on 03.08.2026. 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
27.02.2026
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