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Interim Order 1

CNR DLNT02007429202620 Mar 2026
Rohini North, CMM Court
delhi · Delhi (DL)
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Interim Order 1 · 20 Mar 2026 · CNR DLNT020074292026

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 45 CC NI ACT 531/2026
SHESHNATH Vs. SADHVI SINGH
(S.P. Badli)
20.03.2026
Present: Ms. Shivalika, Ld. Proxy counsel for the complainant with complainant.
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 10.08.2026. 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
20.03.2026
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