Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 93 CC NI ACT / 2785/2023
Ms Nikku Ram And Company Vs. Ajay
Narang Proprietor Of Ms Fashion Baron
International
/0 (Prashant Vihar)
Prosecution Evidence
14.03.2026
File taken up today by the order of Hon’ble High Court Delhi vide order no. 432-483/G-4/Genl.-I/DHC dated 27.02.2026 as
02.03.2026 declared holiday and the cases listed for 02.03.2026 shall be taken up today.
Present: Ld. Counsel for the complainant.
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 N I 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
decision whether or not to issue process on the complaint under Section 138 of the NI Act.”
Complaint, affidavit of evidence and documents considered in light of above cited judgment. In opinion of this Court, there
is no need to examine the complainant's evidence for purpose of issuance of process. In view of complaint, documents produced and
verification in the form of affidavit of evidence, there are sufficient grounds for proceeding further against accused also as per
judgments of The Hon'ble Supreme Court cited as (2015) 1 Supreme Court Cases 103 and (2016) SCC Online SC 304 as
conditions for same are fulfilled.
This court takes cognizance of the offence u/s 138 N I Act.
Hence, accused be summoned for offence u/s 138 of Negotiable Instruments Act on filing of PF/RC. In the event
the house/office/premises is found to be locked/refusal to accept the service/any other contingency the process be served through
affixation. Service be done through all modes including whatsapp and e-mail to the accused on filing of PF within 15 days and upon
filing of an affidavit stating the e mail address and contact number of the accused and that the same are functional for the last 30 days.
In case the summons are sent via speed post/ registered AD, track report be filed on the next date of hearing along
with the certificate u/s 65-B of Indian Evidence Act, 1872.
Matter be taken up now on 03.08.2026.
As per the guidelines laid down as in the case titled as “Damodar S. Prabhu Vs. Sayed Babalal H”,
AIR2010(SC) 1907, Ahlmad is directed to make a mention on the summons issued against the accused (by adding separate sheet, if
required) that “accused can make an application for compounding of the offence at the first and second hearing of the case and if such
an application is made, compounding may be allowed by the Court without imposing any costs on the accused.”
(Garima Jindal)
Judicial Magistrate First Class-06,
North District
Rohini Courts,Delhi/
14.03.2026
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