Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 25 CC NI ACT / 480/2026 ANUP KUMAR GUPTA Vs. ADITYA
VASHISHTA /0 (S.P. Badli)
13.04.2026
Present: Sh. Adamaya Pal Singh, Ld. Proxy Counsel for complainant.
Submissions of ld. counsel for complainant heard on the point of
summoning of accused. Record perused.
Complainant has filed the pre-summoning evidence by way of affidavit
along with the relevant documents including the dishonoured cheque, bank return
memo, legal notice sent to the accused and proof of sending the legal notice.
In the matter of "A C Narayanan Vs. State of Maharashtra & Anr."
(2014) 11 Supreme Court Cases 790, Full Bench of The Hon'ble Supreme Court has
held as under:-
“29. From a conjoint regarding reading of sections 138, 142 and 145 of
the NI Act as well as section 200 of the Code, it is clear that it is open to the
Magistrate to issue process on the basis of the contents of the complaint, documents
in support thereof and the affidavit submitted by the complainant in support of the
complaint. Once the complainant files an affidavit in support of the complaint before
issuance of the process under section 200 of the Code, it is thereafter open to the
Magistrate, if he thinks fit, to call upon the complainant to remain present and to
examine him as to the facts contained in the affidavit submitted by the complainant
in support of his complaint. However, it is a matter of discretion and the Magistrate is
not bound to call upon the complainant to remain present before the court and to
examine him upon oath for taking decision whether or not to issue process on the
complaint under section 138 of the NI Act. For the purpose of issuing process under
section 200 of the Code, it is open to the Magistrate to rely upon the verification in
the form of affidavit filed by the complainant in support of the complaint under
section 138 of the NI Act. It is only if and where the Magistrate, after considering the
complaint under Section 138 of N I Act documents produced in support thereof and
the verification in the form of affidavit of the complainant, is of the view that
examination of the complainant or his witness (s) is required, the Magistrate may call
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