Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 CC NI ACT / 1243/2026 SAP SWISS SOLUTIONS PVT LTD Vs.
SIDHIVINAYAK AUTOMOTIVE 00/0 (Adarsh Nagar)
13.08.2026
Present: Sh. MK Singh, Ld. Counsel for complainant.
AR for the 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 upon the complainant to remain present
before the court and examine the complainant and/or his witness upon oath for taking a
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