Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI Act No. 1952/26
Safe Finlease Vs. Sushma
15.09.2026
Fresh complaint u/s 138 of N I Act received. It be checked and registered as
per rules.
Present: Sh. Amandeep Rana, Ld. counsel for the complainant.
1. 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 that it is within the discretion of this court whether
physical examination of the complainant is required before taking
cognizance of offence u/s 138 of N I Act. If, on the basis of documents and
evidence by way of affidavit, prima facie offence u/s 138 of N I Act is made
out, there is no bar to issuance of process on the basis of complaint,
documents annexed therewith and evidence by way of affidavit.
2. Complaint, affidavit of evidence and documents considered
in light of above cited judgment. In opinion of this Court, in the present
case, there is no need to examine the complainant 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.
3. This court takes cognizance of the offence u/s 138 N I Act.
4. 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.
5. 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.
6. Matter be taken up now on 17.02.2027.
7. 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 that
“accused can make an application for compounding of the offence upon
entering into appearance.”
(Garima Jindal)
Judicial Magistrate First Class-06,
North District
Rohini Courts,Delhi/
15.09.2026
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