Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ct. Case No.1406/2026
Rajbir Singh Vs. Bhoop Singh
PS NIA
13.07.2026
This is fresh case. It be checked and registered.
Present : Ld. counsel for the complainant.
COGNIZANCE AND SUMMONING ORDER
1. I have perused the complaint, pre-summoning evidence by
way of affidavit of the complainant and the documents relied upon by
the complainant. The present complaint has been filed within the
limitation and is within the jurisdiction of this Court.
2. In light of the decision 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 sufficient material before
this Court to proceed against the accused. I hereby take cognizance of
the offence under Section 138 of the NI Act.
3. Accordingly, issue summons to accused Bhoop Singh for being
the drawer and signatory to the impugned cheque(s). The summons
are to be sent upon filing of PF/RC within 7 days from today,
returnable on 12.10.2026. The complainant is directed to file
metadata form before filing of PF. 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.
To expedite service, the complainant is at liberty to serve the
summons through speed post/approved courier, subject to filing
internet generated tracking report of service on the next date of
hearing. The complainant may also send summons through email and
WhatsApp to the accused and file the requisite affidavit of service
along with Certificate u/S 63 of Bhartiya Sakshya Adhiniyam on the
next date of hearing.
4. As per the guidelines laid down in Damodar S Prabhu Vs.
Sayed Baba Lal H, AIR 2010 (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 a application for
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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”.
5. Complainant is directed to file PF and provide copies of the
complaint and other necessary documents, within one month from
today, failing which the complaint may be dismissed under Section
227(4) of Bhartiya Nagarik Suraksha Sanhita. Renotify for
appearance of the accused/furnishing of bail bonds/ consideration on
Notice under Section 274 of Bhartiya Nagarik Suraksha Sanhita on
12.10.2026.
7. The summons must accompany the copy of the complaint
along with other supporting documents and the complainant will file
the proof of the copy being supplied to the accused before this court
on the NDOH.
(BHARTI BENIWAL)
Judicial Magistrate First Class-05
North Rohini Courts New Delhi
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