Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 61 CC NI ACT / 864/2025
SUALEEN Vs. MOHD MUSHTAK
(Jahangir Puri)
16.04.2026
Present: Mr. S.H Ansari, Ld. Counsel for complainant with complainant.
Proposed accused’s mother and father in person.
An application for condonation of delay is also pending.
The delay is sufficiently explained due to previous e-filing history. Also,
the application has not been opposed by the parents of the accused as they are interested in
settling the matter. Accordingly, the delay stands condoned.
The case is at the stage of consideration of a complaint regarding the
commission of an offence punishable under Section 138 of Negotiable Instrument Act,
1861.
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.
All the statutory requirements under NI Act are complied with. The present
complaint case is filed within limitation. After perusal of the entire record and in view of
judgment of Hon’ble Supreme Court in
Sanjabij Tari Vs. Kishore S. Borcar & Anr (2025)
SC 952, this Court is of the considered opinion that prima facie case punishable U/s 138 of
NI Act is made out against the accused. I, therefore, take cognizance of the said offence.
Following the law laid down in
A.C. Narayanan Vs. State of Maharashtra &
Anr. (2014) 11 SCC 790, complaint, affidavit of evidence and documents considered.
Upon perusal of the documents on record, this court is of the prima facie
view that statutory requirements of Section 138 are met and there seems to be sufficient
ground to proceed against the accused.
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Since Ld. Counsel for accused is present before the Court today, there does
not arise any need to issue summons to the accused.
At this stage, Both parties have jointly submitted that they wish to explore the
possibility of settlement in the present matter. Accordingly, with joint consensus, the
present matter is referred to Mediation Cell for 21.04.2026 at 12:00 P.M.
Mediation from be signed by both the parties today itslef. Both parties are
directed to remain present during the proceedings before the Mediation Cell and in case
the matter is received back as unsettled from mediation cell due to the non-appearance of
the parties, then serious view will be taken which may include imposition of heavy cost.
In case the matter does not get settled, put up before Court for consideration
on bail and framing of notice on 20.08.2026.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
16.04.2026
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